How do I handle a voluntary quit?

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How do I handle a voluntary quit?

I have an employee who has not reported for work or contacted me in 10
days. Management has reached out to him several times and he has not
responded. How do I release him from employment?

Asked on February 1, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If he has not shown up for work without using either paid time off he earned for the absence or FMLA leave, he quit: the act of not showing up for work without using PTO or legally guaranteed leave is quitting. Consider him that he quit as of when he first failed to show up without explanation (or any later date than that you choose, if you want to give him the benefit of the doubt for several days) and handle this as you would any resignation. Send him a letter (sent some way or ways you can prove delivery, such as fed ex, certified mail, as an email attachment, etc.) to confirm that his abandonment of his job as X date is a resignation.


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