What is the burden of proof for an employer to prove an employee absconded?

California, United States of America


The following excerpt is from Phillips v. State Personnel Bd., 184 Cal.App.3d 651, 229 Cal.Rptr. 502 (Cal. App. 1986):

Moreover, the burden of proof is upon the employer to show the absence was unauthorized or that the employer reasonably believed an abandonment had occurred. (Curia v. Civil Service Comm. (1981) 126 Cal.App.3d 994, 1008-1009, 179 Cal.Rptr. 476.)

Other Questions


What is the employer's burden of proving an employee was an employee or a servant? (California, United States of America)
Is an employer liable for payment of workers' compensation to an employee when the employee sustains an injury arising out of and in the course of the employment? (California, United States of America)
What is the burden of proving an employer discriminated against an employee in the workplace? (California, United States of America)
What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
When an employer and employee are separately represented by an attorney representing the employee, what is the value of the employee's attorney's services? (California, United States of America)
Can an employer be held liable for breach of contract if an employee discovers that the employee has agreed to work for them at a lower wage than the prevailing wage? (California, United States of America)
Does a presumption affecting the burden of proof apply to an employee seeking reinstatement? (California, United States of America)
If an employer has a written policy that specifically prohibits retaliation against employees who testify at unemployment hearings, can the employer avoid punitive damages? (California, United States of America)
When a judgment is insufficient to provide residual proceeds to an employee's attorney, does the employee have to pay fees to the employee's lawyer? (California, United States of America)
Does a defendant have to prove a burden of proof in the weighing of aggravating and mitigating circumstances? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.