Under McKennon, evidence of misconduct discovered after termination does not defeat liability but limits back pay to the period before discovery and bars reinstatement and front pay.
The employer must show it would have terminated on the misconduct alone.
Alternative Names:
After-Acquired Evidence Doctrine|Post-Termination Evidence
Why it Matters?
The doctrine limits damages rather than liability, which means the employer still faces a finding of discrimination while capping the recovery, and that distinction affects both settlement posture and any reputational consideration. Establishing that termination would have followed requires evidence of consistent treatment of comparable misconduct. Resume fraud discovered in litigation is the recurring application.
Frequently Confused with
Related terms
Frequently asked questions
Does the doctrine defeat liability?
What must the employer establish?
