Since the Supreme Court's decision in McKennon v. Nashville Banner Publ. Co.
'Stop, Drop and Roll'
Since the Supreme Court's decision in <i>McKennon v. Nashville Banner Publ. Co.</i> 513 U.S. 352 (1995), authorizing employers to contest back pay and front pay/reinstatement remedies if they acquire evidence during discovery that would have led to the plaintiff's termination irrespective of the disputed reason, employers have expanded the reach of their discovery efforts. The purpose: Find anything in the employee's background that the employer can argue would have led to the employee's termination anyway, thereby precluding the potentially costly remedies of back pay and front pay/reinstatement per the <i>McKennon</i> decision. This article posits some possible countermeasures for plaintiffs to employ in combating the "after-acquired evidence" defense.
By
Marc E. WeinsteinThis premium content is locked for LawJournalNewsletters subscribers only
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