I slammed the office door. What am I risking?

I slammed the office door. What am I risking?

After a violent altercation with an unbearable colleague, I left my company premises in the middle of the day to calm down. I haven't been back since the day before yesterday, still reeling from anger. Now I'm afraid my employer will sack me for abandoning my job. It's possible, isn't it? If so, what exactly am I risking?

A., Vernier

Abandonment of employment occurs when an employee leaves his post abruptly and without just cause. For the employer to be able to reproach the employee for abandoning his post, the latter must refuse to continue to perform the work entrusted to him. In the case law of the Swiss Federal Supreme Court, this is defined as a conscious, intentional and definitive refusal.

In such a case, and provided that this refusal has been expressly communicated, the employment contract is terminated immediately, as soon as the employee has left his post: the employer does not even need to send him immediate notice of termination of his contract.

In the absence of clear communication from the employee as to his intentions, it is necessary to examine whether, given all the circumstances, the employer can, objectively and in good faith, understand that the employee intends to leave his job definitively. In other words, the employer cannot simply note an employee's unexcused absence over a short period to consider that there has been an abandonment of post. However, such an attitude could, if necessary, constitute a breach of the employee's contractual obligations which, after a warning, could result in immediate termination of the contract for just cause.

In case of doubt, the employer would be well advised to write to the employee to acknowledge his departure and ask him to return to his post or to justify his absence. If no response is received within the time limit set in the formal notice, the employee may be deemed to have abandoned his/her post.

If the conditions for abandonment of post are fulfilled, the employer is entitled to compensation equal to one quarter of the employee's monthly salary, regardless of the damage suffered; if necessary, compensation for additional damage - provided that it can be established - may also be obtained.

It follows that your recent and relatively short absence should not, in principle, be sufficient to constitute abandonment of post, but you should contact your employer as soon as possible to avoid any misunderstanding. You should also remember that your employer has a legal obligation to prevent conflicts in the workplace and to take appropriate measures to put an end to them, since it is his duty to protect the health and integrity of his employees...