One day they're on the schedule. The next—they're gone.

No email. No phone call. Maybe a "this isn't working" muttered during a bad shift. Now you're left with an empty workstation and a ton of uncertainty.

Was it a quit? A ghosting? Or do you have to wait 3 days, 5 days, forever?

When an employee walks out or stops showing up, you're left holding the bag—managing workflow, client expectations, and HR risk all at once. Worse, you have to decide whether to mark it as a quit, termination, or something in between. The decisions you make in the first 24-72 hours will shape your legal risk and payroll compliance for weeks to come.

This article walks through how to handle verbal resignations, no-shows, job abandonment, and those gray-area exits that aren't clean—but are still real.

Yes, a resignation can be verbal—but you better write it down.

If an employee says "I'm done," "I quit," or "I'm out of here," and walks out, you don't have to treat it as unclear. As long as the statement is unambiguous and there's no plan to return, it qualifies as a resignation. But unless you document the moment, you'll have trouble proving it happened.

The law doesn't require employees to submit formal resignation letters. Courts have repeatedly upheld verbal resignations where the employee's words and actions made their intent clear. What matters isn't the formality of the exit, it's whether a reasonable person would understand the employee was quitting.

Here's what makes a verbal resignation legally valid: the employee clearly expressed an intent to quit, the statement wasn't made in the heat of anger with immediate retraction, and the employee took actions consistent with resigning (like leaving the premises with their belongings or failing to return for scheduled shifts).

Best practice when an employee verbally quits:

If the employee later tries to "take it back," you're under no legal obligation to reinstate them—especially if you've already documented the exit and taken steps to fill the role.

Check your written policies.

Your policy handbook is your best defense when it comes to no-call/no-show situations. It should clearly define what constitutes job abandonment, how many consecutive missed shifts trigger it, and what process will follow. If it doesn't say any of this—or if the language is vague—now's the time to revise.

Most employers treat 2 or 3 consecutive no-shows without contact as job abandonment, but only if that's clearly stated in your employee handbook or policy manual.

Key Legal Framework:

Under New York employment law, there's no statutory definition of job abandonment. It's a matter of contract law and company policy. This means your written policy creates the rules—but you must follow them consistently. Courts will look at whether you applied your policy uniformly across all employees.

Even if you have a "three-strike" rule, inconsistent enforcement can undermine your credibility. If one employee is terminated after two no-shows and another is given a week of grace, that disparity could form the basis of a discrimination claim.

Always document:

If your documentation clearly shows the pattern and your policies back it up, you'll be in a much stronger position if challenged. When policies are clearly communicated and consistently enforced, job abandonment becomes a procedural matter—not a legal mystery.

A small medical clinic employed a front desk receptionist who stopped showing up after a disagreement with her supervisor about scheduling. She missed three consecutive scheduled days without calling in.

The office manager tried calling her cell phone twice and sent one text message saying "Are you coming in?" No response. After a week, they hired a replacement and moved on.

Two months later, the former receptionist filed for unemployment insurance and claimed she was never formally terminated—she said she thought she was on an unpaid leave while dealing with a family emergency. The clinic had no written job abandonment policy, no documentation of the missed shifts, and no formal termination notice.

At the unemployment hearing, the receptionist testified that the "family emergency" was mentioned during the argument with her supervisor. The supervisor denied hearing anything about a family issue but had no contemporaneous notes to prove otherwise.

The result: The claim was approved. The clinic's unemployment insurance account was charged, their experience rating increased, and they're now paying higher quarterly premiums.

What went wrong:
No written job abandonment policy defining consecutive no-shows. No documented contact attempts with timestamps and methods. No formal termination letter or separation notice. No notes about the final conversation between employee and supervisor. The informal "we'll just hire someone else" approach left the door wide open for a successful UI claim.

A mid-sized manufacturing company had a warehouse associate who stopped showing up for his scheduled shifts. After missing three consecutive days without any communication, HR initiated their job abandonment protocol.

Here's what they did right:

Day 1 of absence: Supervisor documented the missed shift and attempted contact via cell phone and text message. Both attempts documented with timestamps.

Day 2 of absence: HR called the employee's cell phone and sent an email to his personal email address on file. Called the emergency contact (his brother), who said he hadn't heard from him. All documented.

Day 3 of absence: HR sent a certified letter to his home address stating that three consecutive no-shows without contact constitutes job abandonment per company policy (page 23 of employee handbook, signed by employee at onboarding). Letter stated that if they didn't hear from him within 24 hours, his employment would be considered voluntarily resigned effective on day 1 of the absence.

Day 4: No response received. HR issued a formal separation notice, processed his final paycheck (mailed to address on file), sent COBRA notification, and updated all internal systems. A separation summary was added to his personnel file documenting the entire timeline, all contact attempts, the policy citation, and the effective separation date.

When the former employee filed for unemployment three weeks later, the company contested the claim and submitted their complete documentation package: signed policy acknowledgment, contact attempt log, certified mail receipt, termination letter, and separation summary.

The result: The unemployment claim was denied. The company protected its UI account rating and demonstrated to remaining employees that policies are enforced consistently and fairly.

Why it worked:
Written policy clearly defined job abandonment (three consecutive no-shows). Every contact attempt was documented with dates, times, methods, and results. The employee had signed acknowledgment of the policy at hire. Formal separation notice was issued in writing. Complete paper trail showed due diligence and consistent application of policy.

Job abandonment isn't a passive process. It's not something that just "happens" after a few missed shifts—it's a formal determination that must be initiated and executed by the employer.

Once you suspect an employee has abandoned their job, it's up to HR or the appropriate decision-maker to begin the closure process. That includes initiating outreach, applying your written policy, and clearly documenting each step along the way.

Your job abandonment checklist:

✅ Confirm your written policy defines job abandonment and states the number of no-show days required
✅ Attempt to reach the employee through all available methods (document each one)
✅ Issue a formal separation notice stating that the employee has been deemed to have resigned via job abandonment
✅ Record the last date worked (LDW) for payroll and benefits purposes
✅ Close out system access, collect any company property if possible, and update internal records

Even if an employee disappears or says "I quit," they may still apply for unemployment insurance (UI). Your response matters.

To protect your position:

✅ Submit your UI response promptly and include any written resignation, job abandonment notice, or contact attempt records
✅ Attach a copy of your policy defining job abandonment or no-call/no-show procedures
✅ Clarify whether the employee voluntarily quit, abandoned the job, or failed to respond to outreach

Some states require you to show not only that the employee didn't report to work, but also that you gave them reasonable opportunity to explain their absence before deeming it abandonment. New York evaluates whether the employer acted reasonably in attempting to contact the employee and whether the company policy was clearly communicated and consistently enforced.

Different industries face unique challenges with employee ghosting. Here's how to adapt your approach:

Special challenges:

Best practices:

Critical considerations:

Key factors:

AI Image Prompt: Flat cartoon editorial illustration in navy #1e3a8a, gray #6b7280, and teal #0891b2 color palette. Standardized contact log form showing fields for employee information, absence record, contact attempts, and determination section. HR professional's hands filling out form methodically. Clean documentation system. 800x533 pixels, no text overlay.

Not every separation comes with a resignation letter. Some come with silence, ambiguity, or drama. But even unclear exits can—and should—be handled with consistency, documentation, and confidence.

Gray exits become lawsuits when employers wing it. If you're not careful, a routine ghosting can be spun into a claim of wrongful discharge or retaliation.

Build a step-by-step process for handling unexpected exits. Train managers on what to say, what to record, and when to escalate to HR. Update your policies to reflect what you'll actually do in these situations.

And if it happens again? You'll be ready—with your paperwork, your process, and your policies aligned.

The goal isn't to be punitive—it's to be prepared. Every workplace will face unexpected departures. The difference between a well-run organization and a chaotic one is how you handle the uncertainty.

At Jacobs & Associates, we help employers build defensible policies and respond to employee exits with confidence. Whether you're dealing with a verbal resignation, a no-show pattern, or a complete ghost, we'll make sure your documentation protects you.

Because the best defense against gray exits isn't hoping for clarity—it's creating it yourself.

Keep fighting the good fight.

Legal Disclaimer: This article provides general information about employment law and is not legal advice. Every situation is unique. For specific guidance on your circumstances, consult with an employment attorney licensed in your jurisdiction.