Take action and protect your rights when you are unlawfully terminated in California.
What is Bereavement Leave in California?
California law now protects an employee’s right to take bereavement leave after the death of certain family members. Eligible employees who work for employers with five or more employees may take up to five days of protected time off following a loss.
The law allows each employer to set how this time is structured, which means some workers receive paid bereavement leave while others receive unpaid bereavement leave, depending on company policy and available leave balances.
Covered losses involve the death of a qualifying family member, and employees may take time in a single block or in separate increments within three months of the death.
What is Unlawful Termination of Bereavement Leave?
Unlawful termination occurs when an employer fires an employee in violation of California or federal law. In bereavement situations, this includes terminations tied directly to taking legally protected leave or exercising workplace rights connected to a family loss.
Unlawful termination involving bereavement leave can include:
- Termination for requesting or using bereavement leave
- Retaliation after submitting documentation, such as a death certificate
- Discipline or discharge tied to caring for a family member after a loss
- Refusing a legally protected time off and then terminating the employee
- Resignation that qualifies as constructive discharge due to retaliation
- Violations of rights created through an existing bereavement leave policy
- Retaliation connected to overlapping leave rights, such as the California Family Rights Act
California follows at-will employment, but employers still cannot terminate workers for reasons that break the law. Even after a termination, a former employee may still pursue legal remedies if the discharge followed protected activity. The Law Office of Fahim Rahman reviews the facts of each case and evaluates whether unlawful termination occurred.
Retaliation Under California Labor Code
Retaliation occurs when an employer punishes an employee for using protected rights. In bereavement cases, retaliation can include reduced hours, discipline, negative evaluations, or termination after requesting own bereavement leave. Timing often plays a role when evaluating whether retaliation occurred.
Wage Violations Tied to Leave
Employers must properly handle final pay, accrued sick leave, and earned benefits following a bereavement-related termination. Failure to issue timely wages can create additional financial liability beyond the termination itself.
Failure To Accommodate Under Disability Law
Grief alone does not qualify as a disability. However, when a loss leads to anxiety, depression, or stress-related impairments, an employer may have a legal duty to evaluate reasonable workplace accommodations. A refusal to engage in this process can create a separate violation.
Discrimination Claims for Unlawful Termination
California law protects employees from termination based on protected characteristics such as race, sex, age, religion, disability, pregnancy, sexual orientation, gender identity, and marital status. These protections apply fully in bereavement situations.
Discrimination may arise when an employer treats bereavement connected to a domestic partner differently from loss involving a spouse, or when hostility follows the death of a parent-in-law. Selective enforcement of rules after the death of a loved one can also support a discrimination claim.
When unlawful bias contributes to a firing decision, the termination becomes illegal under California law. The Law Office of Fahim Rahman assists employees in evaluating whether discrimination played a role in their termination.
Constructive Discharge
Examples of Constructive Discharge in Bereavement Cases
- Harassment or hostility after returning from days of bereavement leave
- Threats tied to job security following time off
- Sudden discipline after a funeral absence
- Isolation from work responsibilities after a loss
- Public criticism connected to family status
Requirements For a Constructive Discharge Claim
- The employee resigned due to intolerable conditions
- The employer knew about the situation or allowed it to continue
- Remaining employed for a short period does not cancel a claim when economic need forces continued work
Constructive Discharge Under California At-Will Employment
Even at-will employees may bring a claim when:
- The resignation stems from retaliation, discrimination, or public policy violations
- The law treats the resignation as a termination when unlawful conduct drives the outcome
What To Do If You Have Been Unlawfully Terminated
The time to get an expert California unlawful termination attorney is now. The Law Office of Fahim Rahman has been successfully representing unlawful termination claims and winning cases at a success rate that is second to none.
But in order to protect your rights and get you the compensation you deserve, here are some important things to keep in mind as you prepare your case.
Act Fast, Act Now
Deadlines apply to wrongful termination claims. In many situations, California allows two years to file a lawsuit, but certain claims require earlier filings. Speaking with an attorney early helps preserve legal rights. Collect Evidence
Strong documentation can make a meaningful difference in an unlawful termination case, especially in finance roles where records, emails, audits, and reporting trails are central to daily work. Gather everything connected to your firing and the events leading up to it, including performance reviews, emails, messages, memos, compliance reports, disciplinary documents, and notes from meetings. Write down key dates, people involved, and any statements or events you may need to recall later.
Keep all materials organized and accessible. Do not delete files, discard paperwork, or alter anything that might serve as evidence. Preserving a clear record places you in a stronger position when presenting your case and discussing your next steps with an attorney.
Fight for What You Deserve
Unlawful termination cases involve complex legal standards. Compensation may involve lost income, benefits, emotional distress, and legal costs, depending on the facts. The Law Office of Fahim Rahman reviews each case carefully and provides guidance through the process.
Frequently Asked Questions
How many days of bereavement leave does California allow?
Which family members qualify under the California bereavement leave law?
Eligible employees may take leave after the death of a spouse, child, parent, sibling, grandparent, and potentially other extended relatives, depending on how the family relationship is defined.
Can my employer require proof of death?
Yes. An employer may request documentation such as a death certificate, obituary, or written verification of the loss.
Does bereavement leave have to be paid?
The law does not require automatic pay. Some workers receive paid time while others use unpaid bereavement leave, depending on company policy and available accrued leave.
Do union agreements affect bereavement leave rights?
Yes. A valid collective bargaining agreement may set specific rules for how leave is handled, including whether the time is paid or unpaid.
Are all workers considered eligible employees under California’s bereavement leave law?
Eligibility applies when an employer has five or more employees, and the worker has a qualifying relationship with the family member who died. Leave must be taken within three months of the loss.