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Rations: 5. History of warnings 6. Was he/she told the job was in jeopardy. Burden of Proof in Discharge Cases The employer has the burden of persuasion in a discharge. The assumption is with the claimant. 34-8-194(2) .the burden of proof of just discharge or suspension for cause .shall be on the employer and the presumption shall be with the employee . 8 THE LAW: DISCHARGE Section 34-8-194(2)(A) of the Employment Security Law says: ..you cannot be paid unemplo.

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