Toronto, ON – October 28, 2026 – As Halloween approaches, many employers are decorating their workplaces with ghosts, skeletons, and other spooky visitors. Unfortunately, some organizations find themselves dealing with a much more troubling apparition: the employee who seemingly disappears without a trace.
One day, the employee is at their workstation; the next, they miss a shift – and then another. Calls go unanswered, emails disappear into a void, and text messages remain unopened.
Soon, management begins asking the inevitable question: “Have they abandoned their job, or are we about to be haunted by a wrongful dismissal claim?”
Like many workplace horrors, the answer is not as straightforward as it first appears.
The short answer is that silence alone does not establish job abandonment. Before treating the employment relationship as ended, an employer should make reasonable, documented efforts to contact the employee, investigate possible explanations, communicate a clear deadline for responding, and consider whether disability-related accommodation may be required.
A Ghost Story for Employers
Recently, a client posed the following question:
“Dear Counsel,
One of our employees has not reported to work for over a week. We have left multiple voicemail messages, sent emails, and attempted to reach them by text. There has been complete silence.
Some members of management believe the employee has abandoned their employment. Others are concerned there may be legal risks if we proceed too quickly.
At what point can we conclude that the employee has simply disappeared into the night?”
This question arises more often than many employers realize, and the risks of answering it too quickly can be significant.
Workplace “ghosting” is a recurring challenge for employers, particularly where employees work from multiple locations, including from home, and communication occurs through several formal and informal channels. Before concluding that an employee has abandoned their employment, however, employers should investigate carefully and avoid becoming the villains in their own spooky story.
Beware of the Phantom Resignation
One of the biggest misconceptions in employment law is that a prolonged absence automatically means resignation.
Unfortunately, there is no magical rule stating that three missed shifts, one week of silence, or even several weeks without contact automatically ends the employment relationship, unless you have a collective agreement that sets out parameters in the loss of seniority section.
For unionized employees, the analysis may be different where the collective agreement contains a “no call, no show” provision – often framed as a deemed resignation or loss-of-seniority clause after a specified period of absence without notice. Employers should follow the clause’s precise language, timelines, notice requirements, and any applicable grievance procedure rather than relying on a general assumption of abandonment. Even where the contractual threshold appears to be met, the employer should consider whether there is a reasonable explanation for the absence, including a disability-related need for accommodation, before treating the employment relationship as ended.
Instead, the focus is on whether, viewed objectively and in light of all the circumstances, the employee’s conduct demonstrates a clear intention to sever the employment relationship. Silence or absence may be relevant, but neither should be assessed in isolation.
That distinction matters.
Sometimes the employee has truly moved on. Other times there may be circumstances lurking beneath the surface:
- A medical emergency.
- A mental health crisis.
- Hospitalization.
- Family issues.
- Incarceration.
- A disability-related absence.
- Fear or anxiety about returning to work following a workplace conflict.
In other words, what appears to be a ghost may simply be a situation that remains hidden from view.
Don’t Let Assumptions Become Skeletons in the Closet
When employers assume abandonment too quickly, problems have a habit of reappearing later.
The employee who vanished may resurface with a doctor’s note, dispute having received the employer’s messages, or allege discrimination, failure to accommodate, or wrongful dismissal.
Like skeletons hidden in the closet, these issues often emerge when employers least expect them.
Before concluding that an employee has abandoned their position, employers should carefully document:
- Every phone call.
- Every voicemail.
- Every text message.
- Every email.
- Every letter.
- Every attempt to obtain information.
If a dispute later arises, those records can become the difference between a workplace inconvenience and a legal nightmare.
Something Waiting in the Shadows: Human Rights Liability
Every Halloween story has something lurking in the shadows. In job abandonment cases, what is lurking is often unexpected.
An employee’s failure to communicate may be connected to a disability or medical condition. Depression, anxiety disorders, substance dependence, and other medical issues can impair an individual’s ability to meaningfully engage with their employer.
As a result, employers should be cautious before declaring that employment has ended. The duty to accommodate does not disappear simply because communication becomes difficult; where the employer knows, or reasonably ought to know, that disability may be affecting attendance or communication, further inquiry may be required before conclusions are drawn.
Employees are generally expected to participate in the accommodation process and provide information that is reasonably necessary. However, where a disability may itself impede communication, employers should still make reasonable, proportionate efforts to understand the situation before concluding that the employee has abandoned their employment.
Failing to do so can transform what appears to be a straightforward attendance issue into a much more frightening human rights matter.
A Survival Guide for Haunted Employers
When faced with workplace ghosting, employers should resist the urge to grab a wooden stake and declare the matter over.
Instead, follow these six steps:
Step 1: Investigate the Disappearance
- Ask whether there may be a legitimate explanation for the absence.
Step 2: Keep Looking
- Attempt contact through multiple channels and on multiple occasions.
Step 3: Leave a Trail
- Document every communication effort.
Step 4: Set Expectations
- Clearly explain what information is required and by when.
Step 5: Consider Accommodation
- Ask whether a medical or disability-related issue may be involved.
- Send a final written notice through the available communication channels. Summarize the contact attempts, state what information the employee must provide, set a reasonable deadline to respond, explain the potential employment consequences of continued silence, and invite the employee to identify any circumstances requiring assistance or accommodation.
Step 6: Proceed Carefully
- Only after reasonable, documented efforts have failed should abandonment be seriously considered. Review the full record – including the length and circumstances of the absence, the employee’s prior communications, the employer’s contact attempts, and any possible accommodation issues – before deciding that the employment relationship has ended. Where the facts are uncertain, obtain legal advice before taking final action.
Final Thoughts: Don’t Get Ghosted Twice
Halloween may be a time for haunted houses, wandering spirits, and things that go bump in the night, but employment relationships should not depend on mystery or assumption.
When an employee disappears, employers should resist the temptation to assume the worst. The safest approach is usually the least dramatic one: investigate, communicate, document, and give the employee a fair opportunity to explain their absence.
Otherwise, today’s disappearing employee may become tomorrow’s grievance, human rights complaint, or wrongful dismissal claim.
And unlike Halloween decorations, those kinds of ghosts tend to stick around long after October 31.
If you have been ghosted (by an employee), please reach out to a member of the Protea team to talk about next steps.
