Job abandonment in Alberta: What employees need to know

What’s job abandonment?

In Alberta, job abandonment occurs when an individual shows clear intention to no longer be bound by their employment contract.

Here are some common signs that may indicate someone has abandoned their job:

• Unexplained absences for multiple days
• No response to their employer’s attempts to reach out
• Individual seen working elsewhere while still employed
• A pattern of not showing up or informing their company

However, if an employee in Alberta doesn’t attend their workplace for three consecutive days without permission from their employer and they fail to communicate the reasons for their absence for three consecutive days, this will likely meet the criteria for job abandonment.

There are situations where workers in the province have a valid reason for suddenly being absent (i.e. illness, medical emergency, etc.).

If an individual is able to provide a satisfactory explanation as to why they were absent for three consecutive days without approval, the company is legally obligated to reinstate them.

How long does it take to establish job abandonment?

Alberta doesn’t have a “rule of thumb” regarding how long of an absence constitutes job abandonment.

Courts in the province look at these matters on a case-by-case basis and will subjectively attempt to decipher if an employee intended to resign or whether there were “extenuating circumstances.”

Is job abandonment the same as resigning?

No. While job abandonment and resigning may have similar effects, they’re different situations in Alberta.

A resignation is a voluntary termination of an individual’s employment — demonstrating a clear and unequivocal intention to leave.

Resignations are often communicated through a letter or email, which gives a reasonable amount of notice to their employer.

SEE ALSO
• Do I get severance pay if I quit in Alberta?
• WATCH: Job abandonment and remote work – Employment lawyer on CityNews

Employers: Proceed with caution

It’s crucial for employers in Alberta to understand that terminating an individual for job abandonment without clear evidence could lead to a wrongful dismissal claim.

That’s why it’s very important for companies in the province to:

• Make multiple attempts to contact the absent employee (i.e. phone, email, or other reasonable means)
• Document every attempt to get in touch with the absent worker and any response received
• Give the absent employee a chance to provide an explanation before assuming job abandonment

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about wrongful dismissals on an episode of the Employment Law Show.

Employees: Communication is key

Failing to explain prolonged absences could put you at risk of being deemed to have abandoned your job, which could mean losing out on severance pay and Employment Insurance (EI) benefits in Alberta.

If you’re suddenly unable to perform your job duties, your best course of action is to:

• Notify your employer of your absence as soon as possible
• Keep your company updated and provide any required documentation (i.e. medical notes)
• Ask your boss for workplace accommodations if you’re dealing with a health issue or disability

Were you ‘forced’ to leave your job?

In some cases, employers in Alberta drastically modify an individual’s role — leaving them with no other option than to leave.

If you were forced to resign because unwanted changes were made to the terms of your employment, there’s a very good chance that you can treat it as a constructive dismissal.

In this situation, you would still be able to pursue full severance — as much as 24 months’ pay.

LEARN MORE
• How to calculate severance pay in Alberta
• Employment Law Show: Things your employer can’t legally do

Workplace issue? Contact us

Both employees and employers can benefit from speaking to a knowledgeable Alberta employment lawyer to understand their rights and responsibilities.

If you’re an employee who believes you’ve been wrongfully dismissed due to an absence misunderstanding, or an employer considering termination based on job abandonment, reach out to Samfiru Tumarkin LLP.

Our experienced employment law team can provide clear advice, so you understand your options.

Don’t leave your rights to chance! Contact us today for a consultation.