Job Abandonment in Ontario: What Employees Need to Know (2025 Guide)

Job abandonment in Ontario happens when an employee stops showing up for work and doesn’t communicate with their employer. It’s often treated as a voluntary resignation — but the law isn’t nearly that simple. Employees may still be entitled to severance pay, wrongful dismissal compensation, or human rights protections depending on the circumstances.

This guide explains what job abandonment actually means, how it’s treated under Ontario law, and what employees should do if they’re being accused of abandoning their job.

What Is Job Abandonment in Ontario?

In Ontario, job abandonment is when an employee is absent for an extended period without notice, explanation, or response to employer attempts to reach them.

Employers sometimes assume this means the employee has quit, but legally, the situation is more nuanced.

Key Points:

• There is no set number of days that automatically counts as abandonment.
• Courts look at whether a reasonable person would believe the employee intended to resign.
• Job abandonment is often misclassified, leading to lost severance or wrongful dismissal claims.

Many employees who are accused of job abandonment actually have rights — especially if the absence was connected to illness, personal emergencies, workload stress, or a breakdown in communication.

Signs Employers Often Treat as Job Abandonment

Employers typically look for patterns such as:

• Multiple unexplained absences in a row
• No response to phone calls, emails, or messages
• Prior warnings about attendance
• The employee being seen working elsewhere while still on the payroll
• A history of not reporting absences

These indicators, by themselves, don’t always mean the employee intended to quit. Many legitimate issues can interrupt communication.

How Long Before It Counts as Job Abandonment?

Ontario law does not specify:

• 2 days
• 3 days
• 1 week
• Any fixed timeline

Our laws focus on intent, not duration.

The real question is:
Did the employee clearly demonstrate they no longer intended to return to work?

Every case is fact-specific.

Is Job Abandonment the Same as Quitting?

Not exactly — but employers often treat them similarly.

Job Abandonment

• The employer interprets the employee’s actions as a resignation in Ontario
• The employee may lose severance (if the employer’s interpretation is upheld)
• There is often room for legal dispute

Resignation

• The employee clearly and voluntarily states they are quitting
• The intention is unmistakable
• Severance is usually not owed unless the resignation was forced (constructive dismissal)

Misclassification is extremely common. Many employees who are told they “quit” have actually been terminated without cause, and are owed compensation.

Job Abandonment and Human Rights in Ontario

This is where many employers get into trouble.

If an absence is connected to a protected ground — such as disability, family status, or pregnancy — the employer must:

• Accommodate the employee
• Request reasonable documentation (not excessive demands)
• Allow time for recovery or communication
• Avoid jumping to conclusions

Employers who terminate an employee in these circumstances risk:

• Human rights damages
• Wrongful dismissal damages
• Bad faith / moral damages

If you were away due to illness or a medical condition, the employer’s duty to accommodate overrides any claim of job abandonment.

Can You Get EI If the Employer Says You Abandoned Your Job?

Sometimes — but it’s harder.

If the employer marks the Record of Employment (ROE) as a voluntary resignation, Service Canada may initially deny EI.

However:

• Many employees can appeal and win, especially if they didn’t actually quit.
• Proof of illness, attempts to communicate, or unclear company policies can reverse an EI denial.

Employer Responsibilities Before Claiming Job Abandonment

Employers must take reasonable steps before concluding an employee has abandoned their position.

They should:

• Reach out multiple times using different methods
• Document every attempt (email, phone call, text, written notice)
• Ask for an explanation before making assumptions
• Consider illness or protected leaves
• Review internal policies on reporting absences

Skipping these steps significantly increases the risk of a wrongful dismissal claim.

Job Abandonment vs. Wrongful Dismissal

Employers often mislabel a dismissal as “job abandonment” to avoid paying:

• Severance pay in Ontario
• Termination pay in Ontario
• Benefits continuation

But if the employer:

• Didn’t investigate
• Didn’t give enough time
• Ignored signs of illness
• Misinterpreted the situation
• Acted too quickly

…the termination may legally be a wrongful dismissal in Ontario, even if the employer claims the employee abandoned their job.

Employees in this situation can often receive significant compensation — sometimes up to 24 months of pay, depending on their age, position, and length of service.

What Employees Should Do If Accused of Job Abandonment

If your employer claims you abandoned your job:

• Respond in writing immediately
• Explain why you were absent
• Provide documentation if you were sick or dealing with an emergency
• Keep records of emails, texts, call logs
• Do not sign anything until you get legal advice

Job Abandonment During Medical Leave

This is one of the most common problem areas.

If you were dealing with:

• Anxiety
• Depression
• A medical condition
• A doctor-recommended leave
• A hospitalization
• A personal crisis

…you likely did not abandon your job.

Job Abandonment and Remote Work

Remote and hybrid arrangements often cause miscommunication:

• Missed messages
• Technical issues
• Confusion over schedules
• Delayed responses
• Workload burnout

These situations rarely amount to job abandonment unless the employee explicitly communicates they are not returning.

Comparison Table: Job Abandonment vs. Termination vs. Resignation

When Job Abandonment Turns Into Constructive Dismissal

If an employee stops showing up because:

• Their job changed dramatically
• They felt unsafe
• Their employer reduced their hours or pay
• The workplace became toxic

…they may not have abandoned their job — they may have been pushed out, which is constructive dismissal in Ontario.

In that case, the employee may be owed full severance.

When You Should Speak to an Employment Lawyer

You should get legal advice if:

• You were terminated for “job abandonment”
• You were dealing with an illness, mental health issue, or family emergency
• Your employer ignored your attempts to communicate
• Your job changed right before the absence
• You were denied EI
• You received no severance
• You were pressured to sign a resignation letter

An employment lawyer can clarify your rights and, in many cases, secure the compensation you’re entitled to.

Talk to an Employment Lawyer About Job Abandonment in Ontario

If you’ve been accused of job abandonment or terminated after an absence, don’t assume you’ve lost your rights. Many employees are still entitled to severance pay, EI, and legal protection — even when employers say otherwise.

Samfiru Tumarkin LLP is Canada’s most positively reviewed employment law firm (over 3,000+ five-star Google reviews), and our employment lawyers in Ontario can quickly assess your situation and explain your options.