One of the most common calls employers make to HR sounds like this:
“My employee hasn’t reported to work for several days. Can I terminate them?”
The instinct is understandable — operations must continue.
However, acting too quickly can create legal exposure.
A no-call/no-show does not automatically equal a resignation.
Depending on the circumstances, the absence may still be protected.
Step 1 — Determine Whether the Absence May Be Protected
Before taking disciplinary action or terminating employment, consider whether the absence could relate to:
A medical condition
Hospitalization or emergency treatment
Mental health concerns
A family emergency
A workplace injury
A protected leave of absence
Employees are not required to use legal or HR terminology.
A simple message such as “I’m in the ER” or “family emergency” may trigger legal protections.
Step 2 — Make and Document Contact Attempts
Employers should make reasonable efforts to reach the employee:
Phone call
Written message (text or letter)
Document each attempt, including the date, time, and method used.
Proper documentation is critical if unemployment claims, leave claims, or complaints arise later.
Step 3 — Follow the Company’s Attendance Policy
Your handbook — not frustration — should guide your actions.
If your policy states that three consecutive no-call/no-show days constitute voluntary resignation, it must be applied consistently.
Changing standards case-by-case increases risk and weakens defensibility.
Step 4 — When It May Be Considered Job Abandonment
Generally, employers are on safer ground when:
Multiple documented contact attempts were made
The written policy was followed
A reasonable response timeframe was provided
No information suggests protected leave applies
Why Employers Run Into Trouble
Most liability occurs when employers:
Terminate too quickly
Fail to document outreach
Dismiss vague medical statements
Apply policies inconsistently
Not Sure How to Handle Your Situation?
Small details often determine whether a termination is appropriate.
If you are dealing with a no-call/no-show situation and want guidance before taking action, you can submit your question to ANOVA Human Capital Solutions and we will help point you in the right direction.
Before you make a termination decision, make sure you’re protected.
Request a 15-Minute HR Review