Job Abandonment Letter
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This job abandonment letter template is a helpful legal tool when an employee has a no-call, no-show for a number of days and an employer wants to end the existing employment contract.
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What is a job abandonment letter?
A job abandonment letter is a formal notification employers use when an employee stops reporting to work without providing any notice, explanation, or request for leave. This document is a typical HR notice used to end employment relations with an employee in case of no call and no show.
The abandonment occurs when an employee is absent from their usual place of work for three or more consecutive days.
This abandonment letter sample is being used when an employer:
- informs that an employee’s leave is treated as a job abandonment;
- reminds that a job abandonment is a violation of the employer’s internal policies;
- provides an official notice to end an employment contract; and
- outlines the next steps (e.g., final paycheck, repayment of unused benefits, etc.).
Having a well-written abandonment letter for employee who stopped coming to work is vital. It does not only provide an employee with proper explanations but also ensure compliance with applicable federal and state laws.
What to include in a job abandonment letter?
Abandonment details
This section of a sample job abandonment termination letter shall define the reasons for the termination. In fact, here an employer must state specific dates and times on which an employee was away from the workplace. When we say “away from the workplace,” it means that an employee:
(1) was away from the employer’s workplace completely (i.e., being in a toilet or in a canteen, on a business trip, or on sick leave or maternity leave does NOT count);
and
(2) did not respond to calls to explain the reason;
and
(3) did not receive a prior written approval for being absent.
Only the existence of those three cumulative circumstances allows an employer to state something about the abandonment.
Termination details
One of the most important elements of a job abandonment letter format is the inclusion of termination details. This information must include:
- Amount of the final check. The amount must include a salary that is pending to be paid, bonuses, if any, etc.
- Paid days of sick leave. If there are some days of paid sick leave, an employer must indicate the number and how it should be repaid back to an employee.
- Paid days of annual leave. If an employee accumulated any days of paid days off, an employer must also state its number and how it should be paid back.
- Equipment. If an employee uses any equipment for work, like a laptop or mobile phone, the text of a sample job abandonment letter shall remind an employee to return such equipment back.
- Non-compete. Depending on an employee’s current job position and title, an employer may wish to sign an additional non-compete agreement. This type of document is used frequently to limit an employee’s competition with an employer once the employment relations end. For instance, an employee could be restricted for some time from working in companies that directly compete with an employer’s business. This job abandonment warning letter sample does not govern non-compete relations. Thus, parties have to use a separate non-compete agreement.
- Confidentiality obligation. It is common for a job abandonment letter template to include an employee’s obligation prohibiting disclosure of confidential information once an employment contract ends. Such information may include an employer’s list of existing customers or supplies, financial or accounting information, etc.
Additional Information
The text of a job abandonment warning letter sample shall also define:
- the date on which this letter is being sent;
- the date on which an employment contract should end;
- full name, mailing address, and job title of an employee.
Once the text of the letter is ready, an employer must sign it.
How to customize a letter template at FasterDraft?
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Table of content
Frequently Asked Questions (FAQ)
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1. How many days of no-call, no-show count as job abandonment?
As a rule of thumb, an abandonment of the workplace is considered an absence of an employee during working hours for 3 or more consecutive working days. For example, if an employee is absent on Monday, Tuesday, and Wednesday without any prior notice or approval from a supervisor or manager, then it is a clear abandonment case.
At the same time, depending on an industry and an employer’s internal policies, the number of days may vary. For instance, to create an HR job abandonment no call no show notice, some managers have to wait for 5 days or more to prove the abandonment case.
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2. Is a job abandonment letter required by law?
Yes, a termination letter for job abandonment is a mandatory legal document when an employer wishes to end an existing employment contract due to an employee’s no-show and no-call.
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3. Can an employee dispute job abandonment?
Yes, every employee has a right to dispute and appeal a received notice of abandonment. In fact, the original text of a job abandonment letter template must include a name and contact details of a person whom an employee has a right to address any concerns or issues to. Usually such a person could be an HR or compliance manager or an employee’s immediate supervisor.
Apart from that, an employee may also check an employer’s internal grievance policy addressing how and when HR decisions could be challenged.
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4. Do employers have to pay the final paycheck after job abandonment?
Yes, in the text of a sample job abandonment termination letter, an employer must state the amount of a final paycheck. This sum should include all bonuses and extra payments, as well as a pro-rata calculated salary.
Please note that the payment for days on which an employee was absent from work due to the abandonment should be included in the final paycheck.
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5. Should the employer attempt to contact the employee first?
Yes, before the issuance of a sample job abandonment letter, an employer must attempt to contact an employee first. In this case an employer shall use all available contact information, including emergency contact details, to be able to reach an employee.
In order to avoid any potential disputes in the future, it is also better to record all attempts to contact an employee.
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6. Can job abandonment count as voluntary resignation?
No, a voluntary resignation from a job position is an official employee’s request to terminate the existing employment contract earlier. Such a request should be submitted to an employer in writing.
Contrary to that, in case of an abandonment, an employer does not know for sure an employee’s intention. For instance, an employee may wish to end a contract or simply avoid working, or there may be an emergency with an employee (e.g., accident).
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7. What should be documented before sending a job abandonment letter?
Yes, an abandonment procedure requires an employer to document every step to ensure that an employee’s contract is being terminated in a compliant way. In this regard, we would recommend doing the following steps:
- If there is CCTV available at the workplace, save all the records showing an employee’s absence at the workplace.
- If there is an internal log system, save all the records showing an employee’s logged-out status; and
- If there is a checkpoint at the entrance, save all the records showing an employee failed to make a check-in on certain dates and times.
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