What To Do When Employees Vanish

California employers face a growing trend: employees who stop showing up without notice. Handling these ghosting cases without a clear process can create unexpected legal exposure.

What Is Job Abandonment?

Job abandonment occurs when an employee stops showing up and cuts off contact with his or her employer. While most employers treat this as a voluntary resignation, moving too quickly or without documentation — especially in California — can turn an assumed quit into a contested termination.

The Legal Risk:

An employee may later claim a medical emergency, mental health crisis, or family situation, arguing wrongful termination instead of resignation. This can also trigger claims under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA), which provide job-protected leave.

What Employers Should Do:

When an employee stops communicating:

• Contact the employee by phone, text, and email and document each attempt in detail;
• Reach out to the listed emergency contact if the employee remains unreachable after a reasonable period;
• Apply the written policy consistently — for example, if the handbook defines abandonment as three consecutive no-call/no-show days, apply that standard every time; and
• Once that consecutive days limit has passed, send a formal written notice to the employee’s address of record, stating that his/her position will be considered abandoned if there is no response by a specific date.

Take-Aways:

Employee ghosting may be informal, but employers must respond with structure and documentation. A clear written policy should set expectations and define the abandonment timeframe. Prompt action, consistent policy enforcement, and thorough records best defend against future claims.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Find Out What’s New in 2026: Education Edge, Annual Virtual Seminar for Employers, Friday, February 27, 2026
• Leave Law Lowdown – California Vacation, PTO and Sick Leave (July 17, 2025)
• Disability Leave Policy – August 25, 2023

Cindy Bamforth
February 26, 2026