Hello,
From a legal perspective, how much time needs to lapse without any contact with the employer before an employee is considered to have abandoned his job?
Thanks,
Andrea
I wish there were a clear cut answer but there isn’t. The question, in legal terms, is whether the employee has “abandoned” the position and the answer is based on not just time but other factors. My preferred approach is to seek clarification of the employee’s intentions and whether he/she wants to resign. There’s an art to doing that. Take a look at the attached HRI piece, which should help you formulate and execute a strategy to smoke out the employee. https://hrinsider.ca/avoid-liability-for-terminating-employees-who-disappear-while-on-medical-leave/
