Is it Job Abandonment? How to Legally Handle Employees Who Ghost

When an employee stops showing up for work without a word, it’s frustrating. For a small or medium-sized business owner, a “ghosting” employee isn't just a headache; it’s a disruption to your operations.

However, in Canada, jumping the gun and assuming an employee has quit can be a costly mistake. Because “job abandonment” is often treated as a voluntary resignation (meaning no severance or notice pay), Canadian courts set an incredibly high bar for proving it.

Here are best practices on how you can mitigate risks for your business and handle “no-shows” the right way.

1. The "reasonable person" test

Can employers actually consider a single “no-show” as job abandonment? In Canada, job abandonment isn't just about a missed shift. It requires a “clear and unequivocal” intent to resign.

Courts use an objective test (established in cases like Nagpal v. IBM Canada Ltd., 2021 ONCA 274): Would a reasonable person, looking at the employee’s actions objectively, conclude they intended to quit?

The myth: “If they miss three days, they’ve quit.”

The reality: There is no “magic number” of days under employment law in Canada. A three-day absence might be a disciplinary issue, but it isn't automatically a resignation.

2. Your duty to investigate

Before you process a termination, you have a legal duty to investigate. If you haven't tried to find out why your employee is missing, you risk a wrongful dismissal claim.

Your due diligence checklist:

Multiple outreach points: Ensure you call, email, and text the employee. Document every attempt to make contact.

Emergency contacts: If you can’t reach the employee, try connecting with their listed emergency contacts.

The formal notice letter: If silence persists, send a registered letter to their home. This letter should ask for an explanation and set a clear deadline (e.g., 48 hours) for a response, stating that failure to reply will be viewed as a voluntary resignation.

3. The human rights “wildcard”

Often, a sudden disappearance is caused by a medical emergency or a mental health crisis. Under Canadian Human Rights legislation, employers have a duty to accommodate disabilities to the point of undue hardship. If an employee was “ghosting” due to a medical crisis, treating it as a resignation could be seen as discriminatory. Always leave the door open for a valid medical explanation.

4. Handling the record of employment (ROE)

Once you are confident it is abandonment, you must issue an ROE.

Code E (Quit): Use this if you have clear evidence they intended to leave.

Code M (Dismissal): Use this if you are firing them for the conduct of missing work.

Block 18: Always add a note here (e.g., “Failed to return to work/abandonment”) to clarify the situation for Service Canada.

5. Prevention: Update your handbook

The best way to handle a no-show is to have a policy before it happens. Clearly define your reporting procedures and the consequences for “no-call, no-show” shifts. While a handbook doesn't override the law, it helps prove the employee was aware of the expectations.

Conclusion: Silence isn’t always resignation

Handling a “ghosting” employee is one of the trickiest balancing acts for a Canadian business owner. While your first instinct might be to immediately cut ties and move on, the legal reality in Canada requires a patient, documented approach.

By performing your due diligence (investigating the absence, attempting multiple points of contact, and considering potential human rights factors), you protect your business from the “he-said, she-said” of a wrongful dismissal claim. Remember, job abandonment is a legal conclusion that you must be able to prove with a clear paper trail.

Struggling with an employee issue? Get expert HR advice today.

Don't navigate the complexities of Canadian HR law alone. Whether you're dealing with a sudden “no-show,” a performance concern, or an urgent disciplinary matter, Peninsula is here to help. Avoid costly legal mistakes and gain peace of mind with our tailored HR consulting services for small and medium businesses. Call an advisor today at (1) 833-247-3652 for free expert guidance.