What constitutes job abandonment?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What constitutes job abandonment?

An employee has requested a leave of absence. She was informed to come in and fill out paper work stating her requested start date, end date and date returning to work. She has said on 2 occasions that she would be in to fill this out. She has never come in to do so. If terminated, is she eligible for UI?

Asked on October 7, 2010 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you have told her to do something that is within the confines of the job--i.e. do paperwork for a leave which she has requested--and she is failing to do so, you could terminate her for cause, such as for insubordination or failure to do her duties. You don't have to terminate her cause-- but there would be reasonable grounds for it. If you do terminate her for cause, she would not receive UI unless she appealed the denial and won on appeal (grounds on which she might win: if she can show that the failure was due to some event outside her control, such as being too ill to respond). If terminate her but not for cause--which is your right; absent a contract to the contrary, any employee can be terminated at any time, for any reason--then she would in fact be eligible for unempoyment compensation or insurance.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption