CASE PROCESSING PROCEDURES; EVIDENCE – Hearsay
Single Topic for Decision 2019E
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1105.06000 – Hearsay
Employer failed to meet burden of proof that it would have issued memo and disciplined employee notwithstanding filing of unfair practice charge. Criticisms justifying discipline were hearsay and, without independent evidence supporting them, cannot suffice to meet employer’s burden of proof. An employee need not justify each and every criticism in a disciplinary memo to satisfy the burden of proof, but there must be sufficient independent evidence for Board to conclude that the disciplinary action based on hearsay criticisms would have occurred notwithstanding the employee’s protected activity.