Legal Question in Employment Law in New York

Employee MIA

Our employee has not reported to work for 2 days now, and has not called. He lives and works in New York, but our office is located in New Jersey. Is it possible to fire him for job abandonment?

Many thanks for any advice you could lend.


Asked on 6/14/05, 12:56 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Employee MIA

Does the employee have a contract? Is he a member of a union? Is he the member of a protected class? Are there company procedures that outline use of sick or personal time? Is there ah istory of abuse or abandonment?

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 6/15/05, 6:01 am
Joseph Tremiti TREMITI LLC

Re: Employee MIA

Thank you for your inquiry.

Whether you can dismiss for job abandonment depends on how you have defined job abandonment in your personnel policies, handbook, attendance policies or through established past practices that are applicable to the NY location.

Also, depending on your size, federal and/or state family and medical leave laws might apply.

I would be pleased to discuss this issue further with you. Please do not hesitate to contact me.

Joseph F. Tremiti

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Answered on 6/14/05, 3:40 pm


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