The after-acquired evidence defense is a legal strategy used by employers in wrongful termination and employment-related lawsuits. This defense involves the discovery of information—usually misconduct or falsified credentials—that the employer claims would have led to the employee’s termination or disqualification if it had been known at the time of dismissal.
For employees facing wrongful termination claims, it’s important to understand how this defense works, as it can significantly impact the outcome of a case. At Akopyan Law Firm, A.P.C., an experienced employment law firm in Los Angeles, we help workers protect their rights and fight back against employer tactics that seek to reduce or eliminate liability.
What Is the After-Acquired Evidence Defense?
The after-acquired evidence defense allows an employer to introduce evidence of employee misconduct or misrepresentation discovered after the termination. If successfully invoked, the employer may argue that the misconduct justifies either limiting or eliminating the damages the employee might otherwise be entitled to recover.
This defense does not necessarily erase liability for wrongful termination or discrimination, but it can significantly reduce the compensation awarded to the employee, such as back pay or reinstatement.
Example
For example, if an employee is wrongfully terminated for reporting workplace harassment, but the employer later discovers that the employee falsified their resume, the employer could raise the after-acquired evidence defense. They would argue that even if the termination was wrongful, the employee would have been terminated upon discovery of the misconduct, which can limit the damages the employee can recover.
How Employers Use the After-Acquired Evidence Defense
Employers invoking the after-acquired evidence defense must prove two key elements:
- That the misconduct or misrepresentation was severe enough to warrant termination or rejection
- That the employer would have taken that action had the information been available at the time of hiring or firing
As an employment law firm in Los Angeles, Akopyan Law Firm, A.P.C., knows that employers often use this strategy to undermine legitimate wrongful termination claims. They may conduct thorough investigations into an employee’s background or work history after a lawsuit is filed, hoping to discover any information that could be used to support the after-acquired evidence defense.
Impact on Damages in Wrongful Termination Cases
While the after-acquired evidence defense does not eliminate liability for wrongful termination or discrimination, it does affect the remedies available to the employee. Courts may limit damages, including:
- Back pay
- Front pay
- Reinstatement
Typically, back pay is only awarded for the period between the wrongful termination and the discovery of the after-acquired evidence. In addition, reinstatement may not be granted, as the misconduct would have led to termination in any event.
It is crucial for employees to have experienced legal counsel when facing this defense. An employment law firm in Los Angeles like Akopyan Law Firm, A.P.C., can help employees challenge the validity of the after-acquired evidence defense by scrutinizing the employer’s claims and proving that the misconduct was not serious enough to justify termination.
Why Employees Need Strong Legal Representation
The after-acquired evidence defense can complicate an otherwise straightforward wrongful termination case, making it vital for employees to be prepared. Employers may try to dig up minor infractions or mistakes to bolster their defense, even when the primary reason for termination was illegal or discriminatory.
An employment law firm in Los Angeles can help ensure that employers do not misuse this defense to avoid accountability. Akopyan Law Firm, A.P.C., has the knowledge and experience to anticipate these tactics and fight back to protect employee rights.
When employers raise the after-acquired evidence defense, it does not mean that the employee’s case is over. Courts are careful to limit the application of this defense to situations where the misconduct is both serious and relevant to the employment relationship. With the right legal strategy, employees can still recover compensation for wrongful termination, even if the after-acquired evidence defense is raised.
Conclusion
The after-acquired evidence defense is a powerful tool that employers may use to limit their liability in employment law cases, but it is not an automatic bar to recovery. Employees need to be aware of this defense and prepared to counter it with strong legal representation.
If you believe you were wrongfully terminated and your employer has raised or may raise the after-acquired evidence defense, consulting with an experienced employment law firm in Los Angeles is essential.
Akopyan Law Firm, A.P.C., specializes in employment law and understands how to navigate complex defenses like after-acquired evidence. Our team is dedicated to ensuring employees receive the compensation they deserve, even when employers attempt to introduce damaging evidence after the fact. If you are facing a wrongful termination dispute, contact us today to protect your rights and explore your legal options.