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  1. #1
    Join Date
    Jul 2015
    Posts
    1

    Default Got Fired for Being Late After the Death of My Great Grandfather

    My question involves labor and employment law for the state of: California

    I was on the phone with my grandfather and other family members greiving the loss of my great grandfather who I had learned just passed away and was 7 minutes late to work, they now want to fire me.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Got Fired for Being Late After the Death of My Great Grandfather

    Did they fire you, or are they merely talking about firing you?

    Is this the first time you have ever been tardy? If so, it's an unusual reaction.

    What is the general nature of your work? Are you part of a collective bargaining unit (union)? Are you in the civil service? Do you have an employment contract? Does HR have specific policies for tardiness, calling in, and/or bereavement leave?

  3. #3
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Got Fired for Being Late After the Death of My Great Grandfather

    They "want" to fire me. Okay. If they want to they can. Are you saying they have warned you, threatened you, or that they are about to fire you?

    Have you been warned, been late, been written up so that you know that being late may possibly result in your being fired? If so, then you might have a pretty good chance of being denied for unemployment insurance, which would be your only recourse if you are fired for tardiness. Essentially, they can fire you just because they want to. There's no law against it. But if they cannot show they had a valid work related reason to terminate you, you may be able to draw unemployment insurance while looking for another job.

    Okay, you were seven minutes late. Your great grandfather had died. That's not a special or unusual circumstance, really. If you wanted to "grieve" about it over the phone with family members, you could've done in at a time when it wouldn't have made you late for work. It was truly a personal reason for lateness. A very sad, genuine excuse, maybe, a traumatic thing, but not something that would keep them from terminating you or be protected by law, no.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Got Fired for Being Late After the Death of My Great Grandfather

    I'm not sure what you're looking for. It may not be a very nice thing to do, but there is no law that says you can't be fired for being late, even if there's been a death in the family.

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