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After-acquired evidence is usually used as a defense to a wrongful termination lawsuit or to limit the damages available to an employee who was wrongfully fired. After acquired evidence are the facts which the employer learns after dismissing an employee. The purpose is to permit the introduction and consideration in evidence of an employee's wrongdoing although the employer was unaware of the evidence at the time of decision making. This shields the employer from liability or limits the available relief.
Generally there are two types of after acquired evidence they are:
(1) Fact discovered by an employer that an employee has made fraudulent misrepresentations in a job application or resume
(2) Facts involving pre-discipline misconduct that the employer did not discover until after the employee filed suit.