- If an employee stops coming to work, for a consistent period time of time, it can constitute as “job abonnement”. In Ontario, job abandonment occurs when an employee is absent from work for an extended period without providing a valid reason or notice to their employer.
- It is worth noting that job abandonment is a complex issue that can lead to significant consequences for both employees and dental employers. Understanding the legal and practical aspects of job abandonment can help dental practices navigate these situations effectively, while ensuring compliance with employment laws.
How do the Ontario Courts Establish “Job Abandonment”?
Ontario courts assess job abandonment by determining whether a reasonable person would conclude, based on the employee’s actions, that the employee has resigned. The courts require clear and convincing evidence of the employee’s intent to abandon their position. Dental employers must exercise caution and gather sufficient proof before treating an unexplained absence as a resignation.
Common Signs that indicate Job Abandonment:
- Unexplained absences for several days without notice to the employer.
- No response to the employer’s attempts to contact the employee, despite reasonable efforts.
- Starting employment with another employer while still officially employed by the original employer.
It is important to note that Ontario law does not prescribe a specific time frame for an absence to qualify as job abandonment. Each case is evaluated based on its unique circumstances, making it essential for employers to act carefully to avoid wrongful dismissal claims.
As a Dentist Employer, What is Your Responsibility in a Job Abandonment Case?
To handle job abandonment effectively, dental employers should:
- Make multiple attempts to contact the employee: Attempt to reach the employee via telephone, email, or other reasonable means.
- Document all contact attempts: Keep detailed records of every attempt to contact the employee, as well as their work attendance and absence.
- Provide an Opportunity for Explanation: Allow the employee to explain their absence before concluding that they have abandoned their position.
- Establish Clear Policies: Include policies in an employee handbook that outlines attendance expectations, procedures for reporting absences, and what constitutes job abandonment.
Frequently Asked Questions:
Does Job Abandonment Affect an Employee’s Eligibility to Receive Employment Insurance?
- Job abandonment can be considered an equivalent to resignation. It is likely that the employee will be found ineligible for employment insurance (EI) and will not receive EI benefits.
Can I terminate an employee for job abandonment without notice?
- If there is clear evidence of job abandonment, termination may occur. However, employers must ensure they have fulfilled their responsibilities (e.g., attempted contact) to avoid wrongful dismissal claims.
- We highly recommend you consult an Emerge Law lawyer before making a decision to terminate an employee.
What can be a wrongful termination?
- Wrongful termination can occur when a dental employer dismisses an employee without following proper procedures. For example, the employer may fail to investigate the absence, not provide the employee with an opportunity to explain, or lack clear evidence of the employee’s intent to resign. This can lead to legal claims against the employer for breach of contract or violating employment standards.
Takeaways
- Dental employers must understand the definition of job abandonment in Ontario
,and the legal standards the courts will uphold. - Employers should document contact attempts and absences, provide employees with the opportunity to explain their absence, and establish clear job abandonment and attendance policies in their employee handbook.
- Dental employers must exercise caution to avoid wrongful dismissal claims.
Thank you to Fotini Sioukas for her contribution to this article. The contents of this article are not to be construed as legal advice. Contact Emerge Law’s lawyers for legal assistance.