zlacker

> It is up to the person making the accusation (which in this case is the employee accusing Amazon of an unjust firing) to provide proof.

It's not necessarily either. It may very well simply be the preponderance of the evidence. Nevertheless, such a suit will be undertaken with the benefit of the discovery process.

https://en.wikipedia.org/wiki/Discovery_%28law%29

>>fennec+(OP)
Preponderance of evidence is the bar that must be met. But the plaintiff must provide the evidence to the courts. The discovery process makes some of the defendant's records available to the plaintiff, in case there is relevant evidence.

But if the plaintiff produces no evidence, Amazon does not need to make a defense. Thus OP is correct.

>>fennec+(OP)
Preponderance of the evidence is only used in arbitration, if he's suing then this is litigation. In reality, if he has a contract requiring arbitration or mediation instead of litigation then he has absolutely no power and no chance of winning because arbitratators/mediators are always hired by the company.

Even discounting all of that, the judge/jury/arbitrator/litigator would have to agree that sending him into quarantine and not others constitutes retaliation. To be completely honest, this kind of job is a huge joke. If you take too many bathroom breaks you won't hit your quota and they cN fire you for that.

The only way to win isn't to prove he was treated inconsistently, that can be ignored so long as the reason they stated for letting him go is true.

>>tikima+49
That's not what "mediation" is. Mediation is never binding.

>>tikima+49
A quick google search says preponderance of the evidence is the standard of proof for most civil cases, so your assertion that it is only used in arbitration seems to be incorrect.

And arbitrators are always required to be agreed on by both parties.

>>gitgud+K1
> But the plaintiff must provide the evidence to the courts

Sure, but any evidence which makes an accusation more likely than in the absence of that evidence suffices to meet preponderance of the evidence in the absence of any contrary evidence. The fact of the labor organizing, the fact of the firing, and their temporal relationship are, together, evidence for retaliation.

>>dragon+Fx
Yes, exactly. If the only evidence presented demonstrates that the plaintiff was organizing, that Amazon learned that he was organizing, and after that point Amazon fired the plaintiff they would very likely have met a preponderance of evidence burden. It sounds like none of those facts are even in dispute.

So, Amazon will very likely need to make the case (and Amazon will need to present the evidence to support it), that he was actually fired for violating the company mandated quarantine.

The actual evidentiary fight will probably be over whether that quarantine was a bona fide quarantine, or a pretextual one. But who has the burden to present that evidence will very much depend on who feels like they're losing the case. Probably both of them will need to present evidence to support their position.

>>tikima+49
> Preponderance of the evidence is only used in arbitration, if he's suing then this is litigation

This sentence is simply false.

>>dragon+Fx
Fallacious. A headache is evidence of a brain tumor, but there's not a 51% chance you have a brain tumor. You've satisfied some necessary conditions for retaliatory action, but haven't converted that into a probability.

You have a reasonable indication, but no preponderance of evidence. You probably have enough for discovery.