News & Analysis as of

After-Acquired Evidence

Carlton Fields

New Hampshire Supreme Court Vacates Arbitration Award Based on “Plain Mistake” of Law

Carlton Fields on

The city of Portsmouth terminated a police officer in the wake of a bequest made to the officer by a 92-year-old woman he had met while on duty. The officer had assisted the woman in finding an attorney to draft a new will...more

Proskauer - California Employment Law

After-Acquired Evidence Was Properly Used To Defeat ADA Claim

Anthony v. TRAX Int’l Corp., 955 F.3d 1123 (9th Cir. 2020) - After Sunny Anthony filed suit, alleging she was terminated because of her disability, the employer (TRAX) learned that contrary to her representation on her...more

Dorsey & Whitney LLP

Ninth Circuit Holds that After-Acquired Evidence May Disqualify Plaintiffs Under the Americans With Disabilities Act

Dorsey & Whitney LLP on

On April 17, 2020, the Ninth Circuit Court of Appeals ruled that “after-acquired” evidence was admissible to show that an individual was not qualified under the Americans with Disabilities Act. Sunny Anthony was employed by...more

Sheppard Mullin Richter & Hampton LLP

Employer Permitted to Use “After-Acquired” Evidence at Discrimination Trial

In Weber v. Fujifilm Medical Systems USA Inc., et al., case numbers 13-4891 and 14-0206, decided on October 9, 2014, the U.S. Court of Appeals for the Second Circuit held that a former executive’s employer could use...more

Proskauer - Law and the Workplace

Second Circuit Allows After-Acquired Evidence to Support Termination Decision

On October 9, 2014, the United States Court of Appeals for the Second Circuit, in a summary order, affirmed a district court’s admission of evidence at trial of a former employee’s misconduct, discovered after the employee’s...more

K&L Gates LLP

Should You Pay for Something You’re Not Getting? The Pennsylvania Supreme Court Will Take Up Shedden v. Anadarko E&P Company, L.P.

K&L Gates LLP on

The Pennsylvania Supreme Court will consider whether an oil and gas lessee’s refusal to pay a “bonus” on acreage that the lease supposedly conveyed to it, but that the lessor did not own at the time of leasing and had not...more

Fisher Phillips

California Supreme Court: "Illegal Immigrant Shouldn't Have Been Hired – But Can't Be Fired Illegally"

Fisher Phillips on

On June 26, 2014, the California Supreme Court decided that an employee may proceed with a discrimination lawsuit even though he presented false work authorization documents to obtain employment in the first place....more

Nossaman LLP

Did You Know…California Supreme Court Holds Undocumented Workers Are Not Barred From All Relief

Nossaman LLP on

In Salas v. Sierra Chemical Co. the California Supreme Court recently held that an undocumented worker who fraudulently obtained employment through use of someone else’s social security number may seek damages for employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court: Undocumented Worker May Recover Lost Wages for Period Up to Employer’s Discovery of Immigration Status

Salas v. Sierra Chemical Co., S196568 (June 26, 2014): On June 26, the California Supreme Court issued a decision holding that federal immigration law does not preempt a California law that extends state law protections to...more

Littler

Retaliation and Whistleblower Claims by In-House Counsel

Littler on

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical...more

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