Employment & Immigration Law

After-Acquired Evidence: An Employment Law Hobgoblin

What happens when employers belatedly find evidence of worker's wrongdoing?

Sometimes after a discharge, the employer discovers previously unknown "bad acts" by the ex-employee that constitute a sound business reason for discharge. If the former employee sues, the employer wants to use evidence of that misconduct: (1) to justify the firing; (2) to cut off damages; or (3) to push the former employee off the "victim's pedestal of virtue" the plaintiff's counsel has erected before the jury.

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