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, job abandonment is a disruption to operations. 

However, in Canada, assuming an employee who ghosted you has quit can be a costly mistake. Job abandonment is often treated as a voluntary resignation (meaning no notice or termination pay), and Canadian courts set an incredibly high bar for proving it. 

This article provides guidance on handling no-shows correctly and shares some best practices on mitigating legal risks for your business when this occurs. 

The "reasonable person" test 

Can employers consider a single “no-show” as job abandonment? In Canada, job abandonment isn't just about one missed shift. Or even a few. 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? 

It would be incorrect to assume that because an employee missed work for three days or even a week without notifying you, they’ve quit. 

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

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 hasn’t reported to work, you risk a wrongful dismissal claim. 

Exercise due diligence by: 

Reach out to the employee through multiple channels

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

Call their emergency contacts

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

Send a 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. 

The human rights “wildcard”

A sudden disappearance can also be 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.  

Handling the record of employment (ROE)

Once you are confident it is job abandonment, you must issue an ROE. Use the correct ROE code to indicate the reason for end of employment. 

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 (for any specific details about exceptional circumstances): Always add a note here (e.g., “Failed to return to work/abandonment”) to clarify the situation for Service Canada.

 Prevention: Update your employee handbook

The best way to handle a no-show is to have an HR 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 tricky. While your first instinct might be to immediately cut ties and move forward, the legal reality in Canada requires a patient, documented approach. 

By performing your due diligence (investigating the reason for the unauthorized absence, attempting multiple points of contact, and considering potential human rights factors), you protect your business from a potential wrongful dismissal claim. Remember, job abandonment is a legal conclusion that you must be able to prove with a clear documentation 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 issue, 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 guidance.