Legal Definitions - after-acquired evidence

After-acquired evidence refers to evidence that is discovered after an employee has been fired, which shows that the employee engaged in misconduct during their employment that would have eventually led to their termination. This evidence can be used by the employer in a lawsuit to limit the amount of damages the employee can receive or as a defense to a wrongful termination lawsuit.

• If an employer discovers that an employee was embezzling funds from the company after they were fired, this evidence can be used to limit the amount of damages the employee can receive in a subsequent discrimination claim against the employer.
• If an employer finds out after terminating an employee that the employee had lied about their education on their resume, this evidence can be used as a defense to a wrongful termination lawsuit because the resume fraud would have led to termination.

These examples illustrate how after-acquired evidence can be used by employers to defend themselves against discrimination claims or wrongful termination lawsuits. However, it is important to note that employee misconduct should not completely bar an employee from making a discrimination claim.