At Nassir Law Group, we are committed to championing the rights of employees facing unfair treatment in the workplace. Based in Irvine, our firm is dedicated to ensuring that workers across Orange County and California are protected under the state’s robust employment laws. Recently, we took on a compelling case involving an employee who was wrongfully terminated after taking bereavement leave—a case that underscores the importance of knowing your rights and holding employers accountable. Below, we share insights from this case, drawing from a formal demand letter we sent on behalf of our client, while safeguarding their privacy. For more on how we can assist, visit our employment law services page.
A Heartbreaking Loss Followed by Unjust Termination
Our client, a dedicated management trainee at a California retail company, suffered a profound loss when their mother passed away in October 2024. Under California Government Code § 12945.7, employees are entitled to up to five days of protected bereavement leave. Our client promptly notified their employer and requested time off to grieve and handle arrangements. Initially, the employer seemed supportive, advising our client to take as much time as needed. However, when our client confirmed their plan to return to work the following week, they received a shocking email stating that the company had “decided to make a change,” effectively terminating their employment without any warning or explanation.
This sudden dismissal raised serious concerns. Our client had an outstanding performance record, with excellent monthly evaluations and no prior disciplinary issues. The timing of the termination—immediately following their bereavement leave—pointed to potential retaliation and a violation of California law. At Nassir Law Group, we identified this as a clear case of wrongful termination and retaliation, and we acted quickly to protect our client’s rights. Learn more about wrongful termination on our dedicated page.
Our Firm’s Response: Demanding Accountability
To address this injustice, we issued a detailed demand letter to the employer in December 2024, outlining our client’s claims and requesting essential employment records. The letter serves as both a litigation hold notice and a formal demand for documents under several California Labor Code provisions, including:
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Labor Code § 226: Mandates that employers provide wage and hour records, such as gross wages, hours worked, and deductions, within 21 days of a request. Non-compliance can lead to penalties of $250 per violation for initial citations and $1,000 for subsequent ones.
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Labor Code § 432: Requires employers to provide copies of any documents signed by the employee, such as employment contracts or handbook acknowledgments, immediately upon request.
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Labor Code § 1198.5: Obligates employers to supply personnel records, including performance reviews and disciplinary notices, within 30 days of a written request.
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Labor Code § 1174: Requires employers to maintain payroll records showing daily hours worked for at least two years.
The letter also emphasized the employer’s obligation to preserve all relevant evidence, including electronically stored information (ESI) like emails, text messages, and metadata. We cited cases such as Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, which highlights the severe consequences of spoliation, including adverse jury inferences and monetary sanctions. By demanding compliance with these laws, we aim to secure evidence supporting our client’s claims of retaliation and wrongful discharge in violation of public policy. For more insights on employment disputes, explore our blog.
Why This Case Matters
This case highlights a critical issue: employees should never face retaliation for exercising their legal rights, such as taking bereavement leave. California’s bereavement leave law is designed to support workers during times of grief, yet our client’s experience shows that some employers may disregard these protections, prioritizing business interests over employee well-being. Such actions are not only unlawful but also inflict significant emotional and financial harm.
Our client’s termination came at an already vulnerable moment, compounding the pain of their loss. At Nassir Law Group, we are determined to hold employers accountable for such violations. We are investigating claims of retaliation under California Government Code § 12945.7 and wrongful discharge in violation of public policy, which could entitle our client to damages for lost wages, emotional distress, and potentially punitive damages if the employer’s conduct is found to be egregious.
The Importance of Preserving Evidence
A cornerstone of this case is our demand for the preservation of evidence. Employers often possess critical records—such as personnel files, performance reviews, and internal communications—that can substantiate claims of wrongful termination. Our demand letter explicitly warns the employer against destroying or altering evidence, citing the risk of sanctions under cases like Toshiba America Electronic Components, Inc. v. Superior Court (2004) 124 Cal.App.4th 762. By securing these records early, we ensure a thorough investigation and bolster our client’s case. If you’re facing a similar issue, our contact page is your first step to getting help.
How Nassir Law Group Can Help
Cases like this demonstrate the value of experienced legal representation. At Nassir Law Group, we specialize in navigating complex employment disputes, from wrongful termination to wage and hour violations. Our Irvine-based firm is deeply familiar with California’s employment laws and has a proven track record of securing favorable outcomes for our clients. Whether you’ve been retaliated against for taking protected leave or denied access to your employment records, we’re here to advocate for you.
If you or someone you know has experienced unfair treatment at work, don’t delay in seeking assistance. Employment law cases have strict deadlines for filing claims and requesting records. Visit our website to learn more about our services, or call us at (949) 375-4734 to schedule a consultation. You can also browse our blog for additional resources on employee rights and recent case updates.
Moving Forward
We are currently awaiting the employer’s response to our demand letter, with deadlines for wage documents set for December 31, 2024, and personnel records due by January 9, 2025. Should the employer fail to comply, we are prepared to pursue legal action to enforce our client’s rights, including seeking penalties and attorneys’ fees under the California Labor Code. Our goal is to achieve justice for our client and send a clear message that retaliating against employees for taking bereavement leave is unacceptable.
Stay tuned to our blog for updates on this case and other employment law developments. At Nassir Law Group, we take pride in standing up for workers’ rights and ensuring that California’s employment laws are upheld.