Quick answer

Being absent without official leave (AWOL) and abandonment of work are related but distinct concepts, and confusing them can lead an employer to an illegal dismissal. AWOL simply means the employee is absent from work without an approved leave; it is a fact of unauthorized absence and, depending on its frequency and the company rules, may be a disciplinary infraction that can be penalized (for example, by a warning or suspension) or, if habitual and gross, may amount to gross and habitual neglect of duty. Abandonment, on the other hand, is a specific just cause for dismissal that requires more than mere absence: it requires two elements to concur, first, the failure to report for work or absence without a valid or justifiable reason, and second, and more importantly, a clear intention to sever the employer-employee relationship, manifested by some overt act showing the employee no longer intends to work. The crucial difference is the second element: intent to abandon. Mere AWOL, without a clear and deliberate intent to give up the job, is not abandonment. An employee may be AWOL for a short period and still intend to return, or have a reason (illness, emergency) that later comes to light. So an employer cannot simply treat an employee's AWOL as automatic abandonment and dismiss them; it must establish the intent to sever the relationship, and jurisprudence holds that an employee who promptly files an illegal-dismissal complaint seeking reinstatement negates any claim of abandonment. Furthermore, even to dismiss for abandonment, the employer must observe procedural due process, sending the required notices (to explain and to report back, and the notice of decision) to the employee's last known address. So AWOL is unauthorized absence that may be disciplined, while abandonment is a just cause for dismissal that additionally requires a clear intent to quit and due process.

Two Distinct Concepts

AWOL is absence without approved leave — a fact of unauthorized absence. Abandonment is a just cause for dismissal requiring more than mere absence.

Abandonment Needs Intent to Quit

Why the Difference Matters

Mere AWOL without a clear intent to quit is not abandonment. An employer cannot automatically treat AWOL as abandonment and dismiss. Filing an illegal-dismissal case seeking reinstatement negates abandonment. Due process (notices to the last known address) is still required.

Practical Takeaways

Frequently Asked Questions

Is being AWOL the same as abandonment? No. AWOL is absence without approved leave, which may be a disciplinary infraction. Abandonment is a just cause for dismissal that additionally requires a clear intention to sever the employment, not just absence.

What must an employer prove for abandonment? Two elements: the failure to report for work without a valid or justifiable reason, and a clear intention to sever the employer-employee relationship, shown by some overt act. The second, intent, is the more determinative.

Can I be dismissed just for being AWOL? Not automatically as abandonment. Mere AWOL without a clear and deliberate intent to give up the job is not abandonment. Habitual and gross AWOL may, however, amount to gross and habitual neglect of duty, subject to due process.

Does filing an illegal dismissal case affect abandonment? Yes. An employee who promptly files a complaint for illegal dismissal seeking reinstatement negates a claim of abandonment, because a worker suing to get their job back did not intend to abandon it.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

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