NJ Civil Service Navigator

N.J.S.A. 11A:2-21 Burden of proof

In categories listed in subsection a.(1), (2) and (3) of N.J.S. 11A:2-6, the employer shall have the burden of proof while in category (4), the employ…

Title 11A · Chapter 2. Civil Service Commission · Article 4

Current through the close of the 221st Legislature (L. 2025, c. 346). What that means

Reviewed as of July 28, 2026. Official text: njleg.state.nj.us.

In plain language

Thirty-two words allocating the burden of proof, and they split the four categories in 11A:2-6 unevenly. For removal, suspension or fine, and disciplinary demotion, the employer proves its case. For termination at the end of the working test period, the employee does. That inversion is the practical difference between the two situations: an employee dismissed for cause is answering a charge, while one terminated at the end of a working test period is challenging a judgment the employer was entitled to make.

Written by the NJ Civil Service Navigator editorial team from the text of this section. The statute itself is below, unabridged.

In categories listed in subsection a.(1), (2) and (3) of N.J.S. 11A:2-6, the employer shall have the burden of proof while in category (4), the employee shall have the burden of proof.

Enacted by L. 1986, c. 112, effective September 25, 1986. Never amended since.

An old amendment date alone does not mean a provision is obsolete. This mirror reflects the source watermark above; later laws and decisions can affect how the text applies.

Legislative history

Session laws, newest first

  1. L. 1986, c. 112Enacted
    effective September 25, 1986

Commission decisions resting on 11A:2-21

198 decisions of the Civil Service Commission since January 16, 2019 rest on this section: 1 cites it directly, and 197 apply a Title 4A rule adopted under it. The newest:

Search the 1 decision citing 11A:2-21 directly

Sections this one refers to