Job abandonment in Ontario occurs when an employee’s words or conduct, viewed objectively, clearly and unequivocally show that they no longer intend to be bound by their employment contract. Missing work—even for several days—does not automatically mean that you quit.
An employer can’t simply label an unexplained absence “job abandonment” and make an employee’s termination rights disappear. The entire situation matters, including what you told your employer, whether you intended to return, the reason for your absence, any medical circumstances and how both sides communicated.
If your employer says you abandoned your job but you never intended to resign, respond promptly in writing. Make it clear that you have not resigned, explain your absence as reasonably as you can and keep copies of all communications. If your employer ends your employment anyway, you could have a wrongful dismissal claim and be owed severance.
On This Page:
- 1. What Counts as Job Abandonment?
- 2. How Many Days Can You Miss?
- 3. Illness and Medical Leave
- 4. Severance and Wrongful Dismissal
- 5. What To Do If You’re Accused
- 6. Job Abandonment FAQs
What Counts As Job Abandonment In Ontario?
Job abandonment is established when an employee’s conduct clearly shows that they no longer intend to continue the employment relationship.
The law looks at the situation objectively. In other words, would a reasonable person looking at everything that happened conclude that the employee clearly intended to stop being bound by the employment contract?
Relevant facts can include:
- How long the employee was absent and whether there was a pattern of unexplained absences.
- Whether the employee told the employer why they were away.
- Whether the employee said when they expected to return.
- Whether the employee continued communicating with the employer.
- Whether illness, disability or another legitimate reason affected the absence or communication.
- What the employee said or did when the employer asked about their status.
- Any workplace policy dealing with unexplained absences.
A workplace policy can be relevant, but it does not automatically turn an absence into a resignation. Even if a policy says that several missed shifts will be treated as job abandonment, the employee’s actual intention and the surrounding circumstances still matter.
Is job abandonment the same as quitting?
If job abandonment is legally established, it is treated as the employee ending the employment relationship rather than the employer firing them.
That distinction matters because an employee who truly resigns normally does not receive termination compensation. If the employee did not resign and the employer nevertheless ends the relationship, the situation can instead become a dismissal with potential severance rights.
How Many Days Can You Miss Before Job Abandonment In Ontario?
There is no fixed number of missed days that automatically becomes job abandonment in Ontario. Two days, three days or one week away from work is not, by itself, a legal resignation.
The length of the absence is evidence, but intention is the key issue. An employee who disappears for an extended period, ignores repeated attempts to clarify whether they are returning and provides no explanation is in a very different position from an employee who is away because of a medical condition and has repeatedly said that they intend to remain employed.
Can an employer have a three-day no-call, no-show policy?
Yes. An employer can create attendance and no-call, no-show policies, but a policy does not automatically prove that an employee legally resigned.
Unauthorized absences can also lead to discipline for workplace misconduct. In serious situations, an employer can terminate employment and allege cause. But firing an employee for attendance misconduct is different from proving that the employee voluntarily abandoned the job.
Being accused of misconduct also does not automatically eliminate all termination compensation. Ontario has a separate and demanding test for when misconduct removes minimum termination rights. Learn more about wilful misconduct in Ontario.
Can Medical Leave Be Treated As Job Abandonment?
An illness, injury or disability-related absence does not automatically amount to job abandonment. If you have made it clear that you remain employed but are medically unable to work, that evidence can be fundamentally inconsistent with an intention to resign.
Disability can also create separate human rights obligations. Ontario employers have a duty to accommodate employees with disabilities to the point of undue hardship.
Employees also have responsibilities in the accommodation process. If you are able to communicate, keep your employer reasonably informed about your inability to work, provide appropriate medical information when required and respond to reasonable questions about your restrictions or possible return.
Going silent creates unnecessary risk, especially if your employer is asking whether you intend to return. If your health prevents you from responding normally, medical evidence and earlier communications can become particularly important.
If your employer has fundamentally changed your job or created circumstances that are forcing you to leave, review your rights around constructive dismissal in Ontario before taking action.
Can You Get Severance After A Job Abandonment Allegation?
Yes, if your employer wrongly claims that you abandoned your job and actually terminates your employment, you can still be entitled to proper termination compensation.
A genuine resignation or proven job abandonment is different. If you clearly chose to end the employment relationship, your employer normally does not owe you termination notice or severance for ending your job.
But an employer cannot avoid severance simply by calling a termination “job abandonment.” If your conduct did not clearly show an intention to resign, the employer’s decision to end the relationship can amount to a dismissal.
For many non-unionized Ontario employees, full severance pay can be substantially greater than the minimum amounts required by the Employment Standards Act. Depending on factors such as your age, position, length of service, employment contract and the availability of similar work, severance can reach as much as 24 months’ pay.
What Should You Do If Your Employer Says You Abandoned Your Job?
If you did not resign, say so clearly and in writing as soon as possible. Do not let an inaccurate job-abandonment allegation sit unanswered.
- Confirm that you have not resigned. If true, clearly tell your employer that you intend to remain employed.
- Explain your absence. Provide the relevant facts without giving unnecessary personal information.
- Address medical restrictions. If health issues are involved, provide appropriate medical support and explain whether you are unable to work or require accommodation.
- Save your evidence. Keep emails, text messages, medical notes, attendance records, workplace policies and any letters from your employer.
- Do not sign a resignation or release. Signing a document that says you quit can seriously affect your ability to challenge what happened.
- Get legal advice if your employment has been ended. This is especially important if your employer says you resigned and therefore refuses to provide severance.
If your employer has already terminated you, a Toronto wrongful dismissal lawyer or Ottawa wrongful dismissal lawyer at Samfiru Tumarkin LLP can determine whether the abandonment allegation is valid and what compensation you are owed.
Job Abandonment Ontario FAQs
Can I be fired for a no-call, no-show in Ontario?
Yes, an unexplained absence can lead to discipline or termination, but it does not automatically mean that you resigned or that your employer can fire you without compensation. The seriousness of the absence, your explanation, your disciplinary history and the surrounding circumstances all matter.
What if my employer says I quit but I never resigned?
Tell your employer immediately, in writing, that you did not resign. If the employer refuses to return you to work and treats your employment as over, get legal advice before accepting that characterization or signing anything.
Can job abandonment affect my Record of Employment?
Yes. An employer that believes you resigned through job abandonment could issue a Record of Employment showing a quit. If you believe the reason is wrong, preserve your evidence and explain the circumstances when dealing with Service Canada.
Learn more about Records of Employment in Ontario, including what to do when the information on your ROE is inaccurate.
Can you get EI after job abandonment?
EI eligibility depends on whether Service Canada considers you to have voluntarily left your employment and, if so, whether you had just cause for leaving. A quit reported on an ROE does not mean you should simply give up on an EI application if you dispute that you resigned.
If you actually left your job because remaining employed was no longer a reasonable option, review the rules on getting EI after quitting your job.
Can my employer declare job abandonment while I am on sick leave?
Not simply because you are away sick. A legitimate medical absence, particularly where you have communicated that you remain employed and intend to return when medically able, can be inconsistent with job abandonment. Disability-related accommodation rights can also apply.
What if I stopped attending work because my employer changed my job?
Do not assume that stopping work automatically protects your rights. A major unilateral change to your pay, duties, hours, location or other fundamental terms can amount to constructive dismissal, but the way you respond matters. Get advice before resigning or refusing to return to work.
Talk To An Ontario Employment Lawyer About Job Abandonment
If your employer says you abandoned your job, the consequences can be significant. You could be wrongly characterized as having resigned, denied severance or given an ROE that does not reflect what actually happened.
The employment lawyers at Samfiru Tumarkin LLP represent non-unionized employees throughout Ontario. We can review the communications, medical information, workplace policies and termination documents to determine whether you actually abandoned your employment—or whether your employer ended the relationship and owes you compensation.