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…
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An old amendment date alone does not mean a provision is obsolete.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
- 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:
- In the Matter of Kyle Eidson, Woodbridge Township Fire Department, Fire District 1 September 2, 2026 · Working test period · Penalty upheld · applies N.J.A.C. 4A:2-1.4
- In the Matter of Vincent Vidinha, Newark Fire Division September 2, 2026 · Discipline · Sent back to the Office of Administrative Law · applies N.J.A.C. 4A:2-2.3
- In the Matter of Nazia Mughis- Sohrawardy, Environmental Engineer 4 (PS8885G), Department of Environmental Protection September 2, 2026 · Bypass on a certification · Denied · applies N.J.A.C. 4A:2-1.4
- In the Matter of R.D., Locksmith (S1515F), Statewide September 2, 2026 · Certification or appointment · Denied · applies N.J.A.C. 4A:2-1.4
- In the Matter of Shannan Brooks, Supervising Family Services Specialist 2 (PS0671K), Department of Children and Families August 12, 2026 · Examination scoring or administration · Denied · applies N.J.A.C. 4A:2-1.4
- In the Matter of Monica Garcia, Quality Assurance Coordinator (PS4433H), Department of Health August 12, 2026 · Examination scoring or administration · Denied · applies N.J.A.C. 4A:2-1.4
- In the Matter of Akmal Abdalla, Director of Economic Development Program (M0035H), Hillside August 12, 2026 · Examination eligibility · Denied · applies N.J.A.C. 4A:2-1.4
- In the Matter of Shawn Mount, Department of Transportation August 12, 2026 · Reassignment, salary or separation · Denied · applies N.J.A.C. 4A:2-1.4
Sections this one refers to
- N.J.S.A. 11A:2-6 Powers and duties