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…
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 judgement 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.
Current through the close of the 221st Legislature (L. 2025, c. 346). What that means
Enacted by L. 1986, c. 112, effective September 25, 1986. Never amended since.
A New Jersey statute changes only when the Legislature amends it, so a section untouched since its last amendment is settled rather than out of date.
Reviewed as of July 28, 2026. Official text: njleg.state.nj.us.
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.
Legislative history
Session laws, newest first
- L. 1986, c. 112Enacted
effective September 25, 1986
Sections this one refers to
- N.J.S.A. 11A:2-6 Powers and duties