How do I handle a voluntary quit?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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 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.

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