Section 10 Burden of Proof and Defenses

• Library: Employer-Employee Law 2008

The employee bears the burden of proving the employee’s entitlement to reemployment. McGuire v. United Parcel Serv.,
152 F.3d 673, 676 (7^th Cir. 1998). An employer does not have to reemploy the employee when:

1. reemployment is impossible or unreasonable because of a change in the employer’s circumstances;

2. reemployment would cause undue hardship to the employer; or

3. the employment that the employee left was for a brief, nonrecurrent period with no reasonable expectation of indefinite employment or...