Is abandonment sufficient grounds for ‘termination for cause’?
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Is abandonment sufficient grounds for ‘termination for cause’?
Admittedly, I made a mistake and failed to show up for work for a period of time.
I was battling some severe symptoms of mental health at no point disclosed with
my employer and since my company was small enough to not participate in FMLA, I
didn’t think it was worth bringing up. Anyway, I received a letter saying I was
‘terminated for cause’ due to this abandonment, but I was always under the
impression abandonment is considered resignation.
Do I have grounds to ask the HR personnel to state my reason for leaving as
resignation instead of termination for cause? I’m young and I know I made a bad
decision, but it seems unfair any future employment opportunities be jeopardized
because of a mental illness I’m finally getting control of.
Asked on May 30, 2018 under Employment Labor Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You failed to show up for work: that can be taken as resignation (i.e. resigning by action, not words), or it can be taken that you don't want to leave the job permanently but don't understand that you don't get to set your own schedule, and so have provided grounds for termination for cause. There is no right or wrong answer as to how to characterize employment ending because an employee doesn't show for work; it is subjective, and up to how the employer views it. You can discuss with them changing how they have recorded it or describe it to others but beause it may legitimately be viewed either way, you can no legal grounds to force them to change how they describe or characterize it.
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