Job Abandonment - Termination???

HR in TX

I have an employee who walked off the job 3 weeks ago without notifying us that he was leaving. He did tell our client company he was leaving. We have tried to call him but have not spoken with him. Two weeks after he had left his position, he was sent a letter with a generic statement that he was terminated and the details about COBRA benefits. This week he had a loan officer from a bank call to verify employment. We said he was no longer employed. He said we were lying, that he is still employed by us. Does the company need to send him some other type of official letter of termination? Is there some other step we are missing? By the way, this individual has been a very difficult employee. And, his wife is an attorney!

Theresa Gegen TX

I don't understand why he would think that he is employed if he walked off of the job. He is either on an approved leave or not. Texas law does not require that the employee be given a written notice of termination (however most employers do so).

Unless this employee thinks that he is on some sort of vacation or medical leave, I don't see how he could make any claim against your company.

Good Luck!

Pork

HR in TX, Abandonment in our company is documented when some one walks off, followed then by two more days of "no call no show", followed by a termination action as a "voluntary quit". The "voluntary quit" is supported by the 1st warning for "leaving the work site without permission", and two documents showing "no call no show" dates and a documnet completed at 6:10AM on the 3rd day. In 3 years we have not lost a case and we have turned 2 EEOC around and dismissed by having these documents. I would not respond any further with the verifying company; you have told them he no longer works for your company and I would say nothing further. Good luck Pork

Rexxies

I agree w/Pork. There is a standard in most any industry that's 'no call/no show' is considered voluntary termination. You sent him a letter identifying his final stuff (I assume including payroll) so it's done.

Make sure you have a copy of the letter you sent in his file. For future, I'd suggest sending a letter stating on xx day you voluntarily abandoned your position and if we don't hear from you by 5pm on xx day (and make it very short), we will process your final check including vacation pay. Additionally you are eligible for COBRA and we will include those forms as well--then send it out certified, return receipt.

In this case, don't respond to the other company again. You did what you needed to.