5.22 DEFINITION: AFTER-ACQUIRED EVIDENCE is a term used in legal contexts to refer to evidence which is discovered after the dispute or trial has begun. This evidence can be used to support a party’s case, challenge a party’s case, or even to change the outcome of a trial. There are two main types of after-acquired evidence: new evidence which was not previously known or available to the parties, and evidence which was previously known or available but not presented in court. Examples of after-acquired evidence include new witness testimony, physical evidence, electronic records, and documents.
5.22 DEFINITION: AFTER-ACQUIRED EVIDENCE
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US-8THCIR-JURY-5-22
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http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf
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FAQ
The doctrine of After-Acquired Cause comes into play. A defence of after-acquired cause is the company stating it has discovered information that if discovered during the employment relationship would have been the reason it dismissed the employee for cause.
?In general, the after-acquired-evidence doctrine shields an employer from liability or limits available relief where, after a termination, the employer learns for the first time about employee wrongdoing that would have led to the discharge in any event.
Most commonly, the after-acquired evidence doctrine will bar the former employee in this hypothetical from recovering a portion of her back pay, which are wages the former employee would have received if she had continued working for the employer.
The doctrine of after-acquired evidence refers to an employer's discovery, after an allegedly wrongful termination of employment or refusal to hire, of information that would have justified a lawful termination or refusal to hire.
Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act, as amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin.
After-acquired evidence may be learned through discovery in the case and commonly includes evidence that the employee: Lied during the application process to get the job. Committed egregious misconduct during employment, such as theft of trade secrets.
Wrongful termination and after-acquired evidence After-acquired evidence is evidence that an employer finds following the termination of an employee that shows the employee engaged in some wrongdoing in the workplace while employed that would have caused them to be fired anyway.