employee benefits

After-Acquired Evidence

In employment law, facts the employer learns after firing an employee for which the employer would have fired the employee anyway. After-acquired evidence may be used as a defense to a wrongful termination lawsuit or to limit the damages available to an employee who was wrongfully fired. For example, an employer may discover, after illegally firing an employee because of his age, that the employee stole from the employer. The employer may use this evidence to limit its damages for lost wages in an age discrimination lawsuit to what the employee would have earned between the time he was fired and the time the employer would have discovered his theft and fired him absent any age discrimination.


Different treatment for similarly situated parties, especially when no legitimate reason appears to exist.  An employer who rejects all male applicants and hires the first female applicant with the same qualifications might be discriminating on the basis of gender.  The more repugnant the discrimination, the more likely it is to be found unlawful under the U.S. Constitution or some other law.


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