I am trying to locate a California law/code/statute, or US Federal
law/code/statue that specifically states that the burden of proof is
on the accuser (not the accused) re: negative comments in an annual
review.  I would like the specific name/reference number for the
law/code/statute.  A reference to the Federal law/code/statute alone
would be fine.  References to both Federal and California state
law/code/statute would be better.  I understand that a response from
Google Answers is not legal advice.  I have looked at:
http://www.leginfo.ca.gov/, http://www.dol.gov/, and
http://www.findlaw.com/, but without any luck.

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Clarification of Question by laborquestionee-ga on 13 Feb 2006 11:50 PST

Per one of the responses...I have tried discussion, and that has not worked.

Burden of proof is a term to describe the obligation for a party to
support a claim.

In a criminal case the burden is typically described as "Beyond a reasonable doubt"

In a civil cases, it is typically described as the "preponderance of
the evidence"  - meaning that that one side must be more likely than
the other.

There is a third description of burden of proof called:
"CLEAR AND CONVINCING EVIDENCE" 

"Clear and convincing establishes a standard of proof falling
somewhere between the traditional standards of "preponderance of the
evidence" and "beyond a reasonable doubt."

With that said, Burden of proof only reflects on the process for legal
cases.  A performance review does not have a legal process...

There is no legally binding obligation in a performcance review... 


resources:
http://www.uslegalforms.com/lawdigest/legaldefinitions.php/burden_of_proof.htm
http://www.judiciary.state.nj.us/civil/charges/119.htm

It is my opinion that performance reviews are just opinions. Review
your review with an open and honest mind. Talk with you coworkers and
get their opinions and if you still disagree with it you could go to
the reviewers reviewer and complain. You could also write a letter of
response and have it placed in your personnel file. Also talk with you
HR department.

What do your coworkers say? Union? If your coworkers agree with you,
they may be willing to write reviews for you, and you could place them
with your letter of response in your personnel file. I couldn't
recommend doing more than that. At least it will show you contested
it. It shouldn't cause too many ripples in the water. You could also
try to have HR change their reviewing process. Some companies have the
employee write their own and management responds, some have coworkers
do it, some have none at all. (my last 3 had none).

It could be discriminatory, but I wouldn't go there without a pattern
being established (age, gender, disability, race etc...)

That's a good suggestion, to have my coworkers write letters of
support.  I have been able, albeit slowly, to work this somewhat
through the channels.  But it is a slow and draining process.  Thanks
for the advice.