Can you fire for Job abandonment?

[mzorovic]

What is the name of your state? California

Can you terminate an employee for job abandoment if they didn't call in for 1 day? History: this employee has been verbally counseled on Dec. 22 for attendance, and told that if she had anymore attendence problems it would result in further disciplinary actions. Yesterday she called in that she wasn't comming in because her lip was swollen. Today she has not called in at all. Can we tell her she is no longer employed because she failed to show up to work today?

 

[HomeGuru]

What is the name of your state? California

Can you terminate an employee for job abandoment if they didn't call in for 1 day? History: this employee has been verbally counseled on Dec. 22 for attendance, and told that if she had anymore attendence problems it would result in further disciplinary actions. Yesterday she called in that she wasn't comming in because her lip was swollen. Today she has not called in at all. Can we tell her she is no longer employed because she failed to show up to work today?

**A: of course you can, why did you have to ask?

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

Can you terminate an employee for job abandoment if they didn't call in for 1 day? History: this employee has been verbally counseled on Dec. 22 for attendance, and told that if she had anymore attendence problems it would result in further disciplinary actions. Yesterday she called in that she wasn't comming in because her lip was swollen. Today she has not called in at all. Can we tell her she is no longer employed because she failed to show up to work today?

My response:

California is an "At-Will" employment State. You don't need an "excuse" to fire an employee. You can dismiss an employee any time you want. If her employment displeases you, and if you want to fire her, then do so.

IAAL

 

[cbg]

Some people are under the mistaken impression that the law says you cannot fire for job abandonment unless the employee has missed three days (some say two). Neither is the case. The law does not define job abandonment; you are free to decide for yourself how much uncalled time you are willing to accept. If it's one day, you can fire for missing one day.

Edited to add:

Before rhubarb steps in and argues, I will add that the above stands unless the employee is working under a valid contract of some kind that specifies how long job abandonment takes. If that is the case, follow the contract.