Understanding After Acquired Evidence: Definition and Legal Context
Definition & Meaning
After-acquired evidence refers to information that an employer discovers about an employee after the employee has been terminated. This evidence is often used in wrongful termination lawsuits to either defend against claims or to limit the damages that an employee can recover. The main purpose of after-acquired evidence is to allow an employer to present facts that demonstrate an employee's misconduct, even if the employer was unaware of these facts at the time of the termination decision.
Legal Use & context
After-acquired evidence is primarily used in employment law, particularly in cases involving wrongful termination. When an employee claims they were fired without just cause, an employer may introduce after-acquired evidence to argue that the termination was justified based on misconduct that was not known at the time of firing. This concept is relevant in civil law and can affect the outcome of lawsuits concerning employment disputes. Users may find templates on US Legal Forms that help in drafting responses or defenses related to such claims.
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example) An employee is terminated for poor performance. After the termination, the employer discovers that the employee had falsified information on their job application regarding previous employment. This after-acquired evidence could be used to defend against a wrongful termination claim.
(hypothetical example) An employee files a lawsuit claiming wrongful termination. The employer later finds evidence that the employee engaged in misconduct, such as harassment, which was unknown at the time of termination. This evidence may limit the damages the employee can claim.