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  DOT > Human Resources > Hearings > Explanation of Policies and Procedures
 
Hearings - Explanation of Policies and Procedures
 
Burden of Proof
(Which Party Presents Their Case First)
  1. Management has the burden of proof in "just cause" cases (dismissal, demotion and suspension without pay).

  2. Discrimination and retaliation:  Where discrimination or retaliation is alleged, the employee has the initial and overall burden of proof by the greater weight of the evidence and therefore must present their case first.


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For any questions about this page, please contact:
Gail Herring -- GHerring@dot.state.nc.us -- (919)662-3582 Ext. 211