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BURDEN OF PROOF
The burden of proof always falls on the party who initiated the separation (moving party) . If the issue is a voluntary
quit, the ex-employee may state that he/she quit for work related reasons . This is why it is important to obtain a
resignation notice . This will serve to show that they initiated the separation . If the issue is a discharge, the burden
of proof is on us to show that, according to state unemployment regulations, we were justified in dismissing
this person . Misconduct must be established to disqualify the claimant from receiving benefits . In any case, it is
CRITICAL for us to have supporting documentation and FACTS .
Documents that help!
• Handbook
• Handbook Acknowledgement & Receipt
• Disciplinary Warnings (addressed with or without the employee)
• Witness Statements
• E-mails
• Resignation Letter
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Revised February 2014 7 7
