After-Acquired Evidence in Texas Workers’ Compensation Retaliation Law

After-Acquired Evidence

The court follows the U.S. Supreme Court’s lead in McKennon v. Nashville Banner Pub. Co., 513 U.S. 352, 115 S.Ct. 879, 130 L.Ed.2d 852 (1995)(decided under the Age Discrimination in Employment Act) and holds that when an employer discovers, after the plaintiff’s filing of a retaliation lawsuit, that there are previously unknown grounds for discharging or refusing to hire the plaintiff, this “after-acquired evidence” does not preclude a finding of liability but does limit the damages and other remedies available to the plaintiff. Assertion of the after-acquired evidence defense may stop the accrual of damages after the point in time when the employer discovered the incriminating information about the plaintiff. Johnson v. Bethesda Lutheran Homes and Services, 935 S.W.2d 235 (Tex. App.–Houston [1st Dist.] 1996)



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