James employs several workers in his window washing company.One of these persons is Robert.James does not trust Robert.He believes Robert is disobedient and incompetent.He says Robert is trouble waiting to happen.James dismisses Robert because of this concern.He does not have any concrete evidence regarding his fears.A few days after his dismissal,Robert commences an action for wrongful dismissal.Just before James files his defence to the claim,he receives new information,which supports and confirm his fears about Robert.On the basis of this new information,he knows that his termination was not wrongful.James cannot use this new information to justify conduct that was carried out prior to the finding of the new information.

Question

Quizplus · Accepted Answer

Employers can sometimes use after-acquired evidence of an employee's misconduct to justify a dismissal, even if the misconduct was discovered after the employee was dismissed. This can potentially mitigate damages or support the employer's decision to terminate, depending on the jurisdiction and specific case circumstances.

James Employs Several Workers in His Window Washing Company