Legal Question in Employment Law in Georgia
My question is can I be fired with �job abandonment� even when I maintained communication with the employer and when the personal circumstances did not allow me to come back work?
If so, what are the criminal and professional consequences?
What can I do to reverse that notice from �job abandonment� to �self termination�?
This is my Story:
I was recently hired at a health care establishment as a certified nurse assistant. Amongst the 7 days of my orientation, I only was able to complete 3 days of the first week. On the second week, I was scheduled to start orientation on Tuesday, so on Monday morning; I called the Nurse Manager to inform her that I had a family emergency that would not allow me to complete my training. In fact my family member was in the hospital and I had to assist her with her kid, and that she lived out of town (2hous away); so my husband and I decided that I would go and be with her while she was going through her treatment.
Upon our conversation with the nurse manager, she asked me if I was not coming back, and if I was quitting; I told her that I did not know since I did not know how bad her condition was.
So asked me to call her back on that Thursday to let her know how things were going. So on Thursday, I called her direct line, but I could not get her. Again, on Friday (the 31st) I called again and left a message on her answer machine to let her know that I was not going to come back to work on that week, and depending on how my family member�s condition went, I did not know how long it will take me to return to work. In that message, I added that when I came back, I did not know how it worked with them but if my absence was too long, I will have to re-apply. I also stated that I will try to call her to speak to her in person. But after several attempt, I was not able to communicate with her in person.
I received a phone message from her on 14th of the following month, stating to call her.
On the 11th of that month, I went out of the country due to my mother�s terminal illness, and from there, I called the charged nurse twice on her direct phone, but no answer. So I left her a message to her know that I received her phone message, but that I was out of the country and that my mother has been sick for the past two years and that she needed to see us and that I was not coming back.
I have all documents to prove that during those dates, I was out of the country and that I could not come to work. I maintain communication with her by phone throughout. I came back in the country three weeks later and I recently received, in the mail, a separation letter with title �job abandonment�, from the state bureau of Labor.
1 Answer from Attorneys
There is no general right to employment. In Georgia, employment is "at will" and an employee can be terminated for any or no reason, with very few exceptions for discrimination. From skimming your long post, you were not available for work. That certainly is a reason for termination for many employers (though, again, a reason is not required).
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