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.
However, is such “after-acquired” evidence really relevant to the case, since when the employee was fired the employer had no knowledge of that wrongdoing? Even if relevant, what legal effect will it have on the outcome?
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