Op-Ed: Guilty Until Proven Innocent — Unprecedented Challenge for NJ Businesses

Marcus Rayner | NJ Spotlight


One of the core tenets of the U.S. legal system is that criminal defendants are presumed innocent until proven guilty. Defendants are not required to lift a finger or open their mouths in their own defense. On the civil side of things, both the plaintiff and the defendant have the responsibility to show up in court and present evidence, but typically the plaintiff has the burden of proving that the wrongs they allege are more likely to have occurred than not.


Right now two important bills, one working its way through the Legislature, and one already on the governor’s desk, would flip this age-old system on its head in the employment context so that when an employee sues an employer, the employer would have the burden of proving its innocence


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