Being Absent Without Leave (AWOL) can be a serious offense in the workplace, potentially leading to termination. However, determining if AWOL constitutes an
authorized cause of termination cause for termination hinges on several factors. This article explores the legalities surrounding AWOL and its role in employee dismissal.
Understanding AWOL
AWOL occurs when an employee is absent from work without informing their employer and lacks a valid excuse. This absence can be for a short or extended period. Crucially, AWOL differs from a planned absence. Employees seeking authorized leave should follow established company procedures, such as submitting leave requests in advance.
AWOL and Just Cause for Termination
Many jurisdictions recognize AWOL as a potential justification for termination, often falling under the umbrella of "serious misconduct" or "abandonment of duty." However, for termination to be deemed legal, employers must follow specific guidelines.
Employer Requirements for Termination Due to AWOL
Severity and Duration: A single instance of a short AWOL may not warrant termination, especially if the employee has a clean disciplinary record. However, repeated or prolonged AWOL episodes, particularly when causing disruption to operations, can strengthen the case for dismissal.
Documentation: Employers must maintain a clear record of the employee's absence. This includes documenting attempts to contact the employee, any explanations provided upon return, and any prior disciplinary actions related to absenteeism.
Following Due Process: Employers are obligated to follow established disciplinary procedures before termination. This typically involves issuing written warnings, allowing the employee a chance to explain their absence, and potentially offering a chance to rectify the situation.
Exceptions and Mitigating Factors
There can be exceptions to considering AWOL as grounds for termination. These include:
Medical emergencies: If an employee experiences a sudden illness or
authorized cause of termination injury that prevents them from notifying their employer, it may not be considered AWOL.
Family emergencies: Unexpected situations like a death in the family could be considered extenuating circumstances.
Employer communication breakdown: In rare instances, if an employee attempted to report their absence but was unable to reach their employer due to communication issues beyond their control, it might not be deemed AWOL.
AWOL can be a serious offense, and employers have the right to take disciplinary action. However, the decision to terminate should be based on a case-by-case evaluation, considering the severity and duration of the absence, the employee's past record, and any extenuating circumstances. Following proper procedures and adhering to the principles of fairness are crucial for employers to ensure a legally sound termination process.
Seeking Legal Advice
Navigating employee termination, particularly when AWOL is involved, can be complex. If you are an employer contemplating dismissal or an employee facing termination due to AWOL, it's advisable to seek legal counsel to understand your rights and responsibilities under the law.
