What constitutes job abandonment?

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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 10 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.


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