After-acquired evidence definition

After-acquired evidence is a term used in employment law to describe evidence that is discovered by the employer, after the employee has been fired, which would have led to the employee being dismissed anyway.

It can also be used as a defence to wrongful termination or to limit the damages available to an employee who was wrongfully dismissed.

For instance, if an employee has already been dismissed for discriminatory reasons, such as his age, but then the employer discovers that the employee has been stealing from the workplace, this discovery would be after-acquired evidence, and the employer could use this evidence to limit damages in the age discrimination lawsuit.

After-acquired evidence, however, is usually only used as a bar to a court-ordered reinstatement, and not as a bar to past remedies, such as back payments.