The Use of Predischarge Misconduct Discovered after an Employee's Termination as a Defense in Employment Litigation
Mitchell H. Rubinstein
New York Law School; Rutgers University School of Management and Labor Relations
Suffolk University Law Review, Vol. 24, No. 4, 1990
Cardozo Legal Studies Research Paper No. 163
This Article discusses whether an employer can justify a termination based upon evidence it discovers after an employee's termination. I survey various areas of the law including the NLRB's treatment of this issue. While this article was written before the McKesson decision, the authorities cited are still useful.
Number of Pages in PDF File: 29
Keywords: predischarge misconduct, employer defenses
JEL Classification: K41, J70Accepted Paper Series
Date posted: August 13, 2006
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