What Should an Employer Do When an Employee Stops Coming to Work?

It can be unsettling when an employee who normally shows up without issue suddenly stops coming to work and does not explain why. Phone calls go unanswered, emails go unread, and shifts start passing by with no word at all. Many employers understandably wonder whether this means the employee has quit, and whether the position can simply be treated as vacant. In Ontario, this is generally an area where it pays to slow down rather than assume the worst. Below is a general look at how employers may want to approach a situation like this, and why the first few steps often matter more than they seem to at the time.

Do Not Assume the Employee Has Resigned

It can be tempting to treat an unexplained absence as a resignation, especially if it drags on for several days. However, a resignation is generally expected to be clear and voluntary, and an employee simply not showing up does not automatically mean they intended to quit. There may be a serious reason behind the absence that has nothing to do with wanting to leave the job. Treating the situation as an automatic resignation, without looking into it further, may create risk for the employer depending on the facts.

Try to Reach the Employee First

Before deciding on next steps, it is generally a good idea to make a genuine effort to contact the employee. This might include a phone call, a text message, an email, and reaching out to an emergency contact if one is on file. Depending on the workplace, it may also make sense to check with coworkers who might know what is going on, without turning the situation into workplace gossip. The goal at this stage is simply to find out what is happening, not to jump ahead to a decision about the employee's job.

Consider What Might Be Behind the Absence

There are many reasons an employee might stop coming to work without giving notice. This can include a medical emergency, a mental health crisis, a family emergency, transportation problems, or in some cases a situation involving safety concerns at home. Depending on the circumstances, an unexplained absence may also relate to a disability or a medical leave that has not yet been properly communicated. Employers are generally expected to keep an open mind about what may be going on before treating the absence as a workplace problem alone.

Keep a Record of Every Attempt to Communicate

Whatever steps are taken, it is generally worth writing them down as they happen. This can include the date and method of each attempt to reach the employee, whether a message was left, and whether anyone responded. Keeping a simple, factual record like this may be helpful later, whether the employee eventually returns, resigns on their own, or the employer needs to consider ending the employment relationship. Depending on how the situation unfolds, this kind of documentation can become an important part of the story.

Understand That Job Abandonment Is Not Always Straightforward

Some employers use the term job abandonment to describe a situation where an employee stops attending work and does not respond to attempts at contact. Whether a specific situation actually amounts to job abandonment can depend on a number of factors, including how long the absence has lasted, whether any communication was received, and whether the employer made reasonable efforts to reach the employee first. This is generally treated as a fact specific question, and there is no fixed number of days or missed shifts that automatically settles the issue.

Why Moving Too Quickly Can Create Risk

Ending the employment relationship before understanding what happened may expose an employer to a claim that the termination was not handled fairly, particularly if it later turns out the absence was related to illness, a disability, or another protected reason. Depending on the facts, this could affect an employee's entitlement to notice or severance, or raise other concerns under Ontario employment and human rights law. A rushed decision, even one made with good intentions, may be harder to defend later than one that allowed a reasonable amount of time and effort to reach the employee first.

What Employers May Want to Do Before Making a Decision

In general, it may help to give the situation a reasonable amount of time, continue reasonable attempts at contact, document what has been tried, and avoid making any final decision about the employee's status until there has been a genuine chance to hear back from them. If there is still no response after a reasonable period, this is generally a good time to speak with a lawyer before deciding how to proceed, since the right next step can depend heavily on the specific facts, the employment contract, and any workplace policies that may apply.

Final Thoughts

An employee who suddenly stops coming to work can leave an employer feeling unsure and frustrated, but the right response generally starts with patience rather than assumptions. Trying to make contact, thinking through possible reasons for the absence, and keeping a clear record along the way can all make a difference if the situation is ever questioned later.

If you are dealing with an employee who has stopped showing up for work, or you are unsure how to move forward, it is generally a good idea to speak with a lawyer before taking any final steps, since the facts of each situation can make a real difference to the outcome.

Frequently Asked Questions

Q: Can I treat an employee's unexplained absence as a resignation?

A: Not automatically. A resignation is generally expected to be clear and voluntary, so simply not showing up may not be enough on its own. Depending on the facts, there may be a reason behind the absence that has nothing to do with quitting, so it is usually worth trying to find out more first.

Q: How many times should I try to contact an employee before doing anything else?

A: There is no fixed number that applies in every case. In general, employers are expected to make a genuine and reasonable effort, using more than one method of contact where possible, and to give the employee a fair amount of time to respond before considering next steps.

Q: What if the employee never responds at all?

A: If there has been no response after a reasonable period and genuine attempts at contact, some employers may consider the position abandoned, though whether that characterization holds up can depend on the specific facts. This is generally a good time to speak with a lawyer before making a final decision.

Q: Could terminating an employee too quickly after an unexplained absence create legal risk?

A: It may, depending on the circumstances. If the absence turns out to be related to illness, a disability, or another protected reason, a rushed termination could raise concerns under Ontario employment and human rights law. Taking a measured approach and documenting the process generally helps reduce this kind of risk.

Contact DevLaws

If you are an employer dealing with an employee who has stopped coming to work, or you have questions about how to handle the situation, the team at DevLaws is here to help. Contact DevLaws today to schedule a consultation and talk through your specific situation.

contact@devlaws.com | +1 437 290 0424 | devlaws.com

Disclaimer

This article is provided for general information purposes only and does not constitute legal advice. It is not intended to create a lawyer-client relationship. Laws and regulations can change, and the information here may not reflect the most current developments. Every situation is different, and the information in this article may not apply to your specific circumstances. If you are dealing with an employee who has stopped coming to work, you should consult a qualified lawyer for advice tailored to your situation. DevLaws does not guarantee any particular outcome or result.