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Ask The Expert: Can You Terminate an Employee Who’s Been AWOL for Over a Week?

QUESTION

Do we have the right to terminate an employee who hasn’t shown up, called in or responded to our calls for over a week’

ANSWER

It depends.

EXPLANATION

The more of the following things that are true, the stronger your case for terminating an employee for abandoning his/her job:

  • You have a clearly written attendance policy;
  • The employee was aware of the policy;
  • The employee didn’t notify you of the absence;
  • You tried contacting him/her but couldn’t;
  • The employee has no excuse for the absences;
  • The absence is culpable, i.e., blameworthy as opposed to due to a disability or other legitimate cause over which the employee has no control;
  • The employee has a history of attendance issues;
  • You’ve consistently fired other employees who committed similar violations; and
  • You can document all of the above.