There are many ways you can leave a job, some which are better than others from your perspective. If you're not happy in your job, the most sensible course of action is to secure alternative employment and work out your notice period. If you've simply had enough and decide you're just not going to show up, not only will your chances of receiving a glowing reference be severely damaged, you will be unlikely to qualify for unemployment benefits.
You are deemed to have abandoned your job if you fail to show up for work without informing your superiors over a predefined period of time. Job abandonment, like resignation, is considered to be a voluntary termination of employment. You will be legally entitled to your wages up until your last day of employment if you abandon your job. This should be paid on your usual payday. You may forfeit your right to any accrued holiday entitlement depending on your contract if you abandon your job.
Your manager has the legal right to end your employment if you fail to inform her in advance of any absences in line with the procedures laid out in your contract or staff handbook. If your employer does decide to terminate your contract on the grounds of job abandonment, it's unlikely that you'll be able to argue any mitigating circumstances. If you have attempted to make contact with your line manager regarding your absence from work, you may be asked to provide proof in the form of phone records or copies of emails if your boss has decided it's time for you to go.
There are no specific laws relating to the length of an unauthorized absence before your manager can terminate your employment on the grounds of job abandonment in Texas. Unless otherwise stated in your contract, most companies will deem you to have abandoned your job if you fail to report for work for three days without contact.
It is highly unlikely that you will qualify for unemployment benefits if you are dismissed on the grounds of job abandonment. If you fail to show up for work repeatedly without contacting your employer, you will be deemed to have left your job voluntarily. The Texas Workforce Commission will contact your employer if you make a claim for unemployment benefits to ask about the circumstances surrounding the end of your employment.
- Texas Workforce Commission: Types of Work Separation
- HR Tools; Handling Employee Terminations in Job Abandonment Cases; Monica Roddy; October 2008
- University of Texas: How Do I Separate an Employee?
- Texas Workforce Commission: Final Pay - Severance Benefits
- Texas Workforce Commission: Unemployment Benefits Services
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