Who must prove what in whistleblower cases?
The complaining employee or applicant has the burden of proving by a preponderance of the evidence that whistleblowing was a contributing factor in the improper personnel action taken or threatened against him or her. The employee or applicant may demonstrate that whistleblowing was a contributing factor by showing that the official taking the action knew about the whistleblowing and that the action occurred within a time period such that a reasonable person would conclude that the whistleblowing was a contributing factor in the employment action. If the employee or applicant meets this burden, the appointing power and any individually named state employees must demonstrate by clear and convincing evidence that the complained of action would have occurred even if the complaining employee or applicant had not engaged in whistleblowing. The clear and convincing standard of proof is a higher standard than the preponderance of the evidence standard that the employee must meet. If the appoi
