Quitting vs. termination

[MLS NV]

I am an employer in Nevada. One of our employees recently displayed a slew of inappropriate behavior and I am wondering if this consititues him quitting his job.

1. Walked off a job site, without notice to supervisor. (Employee was on a job in a state on the other coast and not schduled to leave until the next evening)
2. Made unauthorized purchase of airfare on company card to fly home, before the project was completed. Employee was aware that airfare had already been purchased for him to come home the next day.
3. Has not returned any calls from supervisor or HR director. They have left numerous messages on his home telephone and on his cell phone. The cell phone subsequently has been shut off.

Of interest, before this happened, he told another co-worker that he was "looking to get fired to collect unemployment for a while".

I am trying to locate any Nevada laws that describe a self termination or a resgiation without written notice.

Any direction in this matter would be helpful.

Thank you,

MLS NV

[rjc]

I do not think you will find a statute that defines "self termination" or "resignation without written notice."

However, based on the facts presented in your post I think you are well within your rights to qualify his separation as voluntary. It appears no one in your company, or at least no one in with authority to do so, has told him her was discharged. Some questions come to mind such as:

When did he last perform services for you? What was his next scheduled day after thre trip? Has he attempted to contact the employer in any way?

But again, his actions, suggest he quit and if you have not told him he was discharged then he cannot correctly say he was discharged.

Are you inquiring for purposes of unemployment?

[Pattymd]

Yep, sounds like job abandonment to me. Send the individual a certified, return receipt requested letter, stating that you consider the employee to have abandoned his job, for the "walk-off" and failure of the employee to contact you. Personally, I wouldn't even give him a chance to remain employed; it would have to be a dire reason for me to let him come back to work.