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Not showing up for work Georgia

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  • Not showing up for work Georgia

    I have a situation where an employee took two weeks of time off due to the death of his mother. The employee told us he would be back to work last Thursday. He was communicating with us during those two weeks, but now he will not respond to emails or phone calls. Today is the 5th day past when he said he would be back to work.

    My question is at what point can we assume he has voluntarily resigned and what do I need to do to make it official?


  • #2
    You could legally have assumed that he had resigned on the first day that he was due back and did not show up.

    In your shoes, I would send the employee a letter that says, in effect, since you did not return to work on xx/xx/xxxx when he said he did, you are considering that he has resigned. GA is one of the very few states where you are required to provide a form for UI at termination so I would send it along, as well as any information on COBRA or other benefits (401k, etc.) that might apply. Keep copies of everything.

    If he still does not respond, you're all set. If he then gets back to you shouting wait, wait, I didn't resign, you can certainly listen to his explanation and, if it is acceptable to you, reinstate him. If his explanation is not satisfactory, you can still let him go on the basis of five days no-call, no-show.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Whatever your policy is, but in my over 30 years in the business, 5 days is about 2 days longer than I've ever seen.

      I would recommend sending a certified letter to his home address. "If you do not contact us within 48 hours regarding your return to work, we can only assume that you have voluntarily resigned."

      2 weeks is a long time for bereavement leave. Was it all unpaid?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


      • #4
        Cbg, I've been hanging around you too long.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          It was unpaid bereavement. He was a brand new employee that had only been with us about 1 month. He was not yet eligible for insurance, PTO, etc. Thanks for the help.


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