Picture this: An employee stops showing up to work. No call, no text, no explanation. Frustrating, right?

That’s why so many employers bury “job abandonment” policies in their handbooks—often declaring that disappearing for three consecutive days without notice means the employee has voluntarily quit.

Seems tidy and efficient. But here’s the truth: Job abandonment policies can land you in serious legal hot water if you’re not careful.

Let’s break down why.

Protected Leaves Are a Thing

That silent employee might not be off on a beach somewhere. They could be on protected leave under laws like the FMLA (Family and Medical Leave Act), the CFRA (California Family Rights Act), pregnancy disability leave (PDL), or the ADA or FEHA (disability-related accommodations).

If you terminate someone without figuring out whether their absence is protected, you’re flirting with a wrongful termination claim.

Disability Discrimination Risks

Not all “no shows” are intentional.

An employee’s absence might be caused by a medical or mental health condition that prevents them from calling in or following your usual procedures. Under disability laws, you’re required to engage in an interactive process before ending employment for an unexplained absence.

Retaliation Can Come Back to Bite You

Sometimes employees disappear after raising concerns, such as harassment, unsafe working conditions, and wage and hour violations.  If you jump straight to labeling their absence as “job abandonment,” you might accidentally fuel a retaliation claim. Always check the backstory.

Final Pay Mishaps

Here’s a detail many employers miss:

If you treat a no-call/no-show as a resignation, you might delay the employee’s final paycheck because you think it’s a voluntary quit.

But if the separation was really employer-initiated, final wages are due immediately at the time and place of termination. Miscalculate, and you could owe waiting time penalties under California Labor Code section 203.

Best Practices for Employers

Instead of going straight to termination the moment an employee goes radio silent:

• Investigate first. Never assume job abandonment automatically equals voluntary resignation.
• Reach out persistently. Call, email, text, or even overnight mail if you have to. (Pro tip: skip certified mail—it’s slow and can complicate decision-making.)
• Document everything. Keep a record of your attempts to contact the employee and any responses you receive.
• Consider protected rights. Ask whether the absence might involve protected leave, disability, or retaliation risks.
• Call your lawyer. When in doubt, seek legal advice before cutting ties.

A “no call, no show” may feel like the ultimate workplace betrayal—but acting too quickly can turn a frustrating situation into a legal disaster. Take a breath, dig deeper, and handle job abandonment with care. Your future self (and your legal team) will thank you.