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Hello, I have an employee that told us her father in law passed away and she was going to India to make arrangements. We told her that was fine (as we expected her to be there approx 1-2 week) She then later in an email told us she will be gone for at least 45 days, No return date included. We had to hire someone to fill her position as her position essential for our company to continue to run. She now has emailed her return date as of Oct 29, I would like to terminate her and give her termination pay in lieu of notice. She has been with the company for 6 months. Would this constitute wrongful termination?
My name is David Vaughan and I am an employment lawyer with Samfiru Tumarkin. Based on the circumstances, it's very likely that you can establish that this employee abandoned her position and is not entitled to any termination pay. With that said, I would need to understand more details surrounding her request and the timing involved to make that determination. It would also be possible to allege abandonment and also make a without prejudice offer of a severance package. If you would like to discuss this in more detail, please contact our firm to arrange for a consultation.