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Allen M., Esq.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 19135
Experience:  Lawyer and legal specialist.
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An employee states her mother has passed away and skipped

Customer Question

an employee states her mother has passed away and skipped out on work for 3 days. We called funeral director of the place where the employee says the funeral was held. The Director says they have no record of that person being buried and the date the funeral was said to have happened, the Director said they were closed in observance of a national holiday. Finally the time listed on the burial program stated 10:15 a.m. and the Director states they never schedule on the quarter hour ... only on the hour. The employee states she made the programs herself to save money but the Director says programs are offered as a free service for all buried there. I have searched and cannot find a death record... how can i prove her mother is still alive?
Submitted: 1 year ago.
Category: Legal
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

There really isn't a way for you to prove that. As an employer, you don't have the right to subpoena records or demand responses to discovery. That being said, that isn't something that you really have to prove. You have sufficient evidence, based on what you've already stated, to legally justify a termination and to put the question to state for blocking unemployment.

Even if her mother is dead, and was having a funeral, the information she gave you was not correct and so the time taken off is not legally protected in any way (in fact, legally there is no requirement for bereavement leave in the first place). That would still justify a termination and the blocking of unemployment and then the burden would shift to her to prove that she was dead, the date was correct and the funeral home is lying.

Only if the matter were to go to court (if she sued you) would you then have the power of subpoena and discovery to obtain information proving life.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.