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Tag - burden of proof

22 Apr

Burden of Proof in Dispute Over Resignation Letter

Teodora F. Campo (Campo) claimed that she worked for Silvertex Weaving Corporaton (SILVERTEX) as a weaving machine operator. Prior to her dismissal, she was suspended for one   week after a stitching machine that she was operating overheated and emitted smoke on.   When she tried to report back to work, she was denied entry by the SILVERTEX’s security guard, reportedly upon the instructions of Arcenal. For their defense, the Silvertex Weaving Corporation (Silvertex) argued that Campo voluntarily resigned from SILVERTEX after [...]

By Labor Law , 15 Comments Read more...
11 Mar

Company Practice Must Be Proven by Claimant

Employees complain that they are entitled to a higher retirement benefit based on company practice. Is the claim of “company practice” enough to grant such benefit? The burden of proof that the benefit has ripened into company practice, i.e., giving of the benefit is done over a long period of time, and that it has been made consistently and deliberately, rests with the employee. To be considered as a regular company practice, the employee must prove by substantial evidence that the giving [...]

By Labor Law , , 19 Comments Read more...
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