Failure to notify employer of absence

[tmoore98]

What is the name of your state (only U.S. law)? New York
I have an employee who has failed to notify her supervisor of her absence at work. The supervisor has made several attempts to contact the employee, however, the employee has failed to return the phone calls. Can the supervisor notify the employee in writing that her failure to notify her supervisor of her inability to show up for work along with not showing up for work when scheduled is considered her voluntarily resigning her position (therefore making her ineligible for unemployment?)What is the name of your state (only U.S. law)? New York

 

[eerelations]

The supervisor should send her a job abandonment letter which states that if she doesn't show up for work by X deadline (the date being some very short time after the employee will have received the letter), then the employer will have considered her to have abandoned her job. Send the letter by registered mail to make sure she gets it.

If she shows up before the deadline, you can legally fire her for misconduct (i.e., unauthorized absence).

 

[tmoore98]

Thank you very much.

 

[mlane58]

Did you take into consideration that the employee might be incapcitated in the hospital, unable to call? How about notifying their emergency contact.

 

[tmoore98]

Yes, we attempted to notify her emergency contact since the weather in this area was very poor yesterday. She has failed to show up again today as well as contact her supervisor with information as to why she is unable to work. In the letter sent to her today via certified mail we indicated she failed to notify her immediate supervisor of any illness or injury that would have prevented her from working her scheduled shift. If there are extenuating circumstances that have prevented her from contacting her supervisor, then she or a family member must contact us by February 5, 2010 and provide supporting professional documentation indicating such. If we do not hear from her by the date mentioned, we will consider her to have abandoned her position and voluntarily resigned.

Thank you again for all your help. Greatly appreciate it!

 

[cbg]

If the employee DOES turn out to have some kind of incapacity, you can always reinstate. So I would go ahead with the letter.