In general, the burden of proof is placed on the employer to show that a bypassed senior employee is not competent for the job during promotions or layoff or recall actions.

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The burden of proof is typically on the employer to establish that a senior employee was not selected for promotion, layoff, or recall for a legitimate reason such as lack of competency, rather than discriminatory or retaliatory reasons. This is because seniority rights are often afforded to employees as a way to recognize their experience and dedication to the organization, and to protect them from unfair treatment. However, the standard of proof required may vary depending on the particular laws or collective bargaining agreements that apply.

In General, the Burden of Proof Is Placed on the Employer