Lewis v. Fisher Service Co.

TOAL, Justice:

This matter is before the Court on certification from the United States District Court to answer questions related to the defense of after-acquired evidence in employee handbook breach of contract cases.

Factual/Procedural Background

In 1984, Douglas Lewis was hired as a machinist by Fisher Service Company (“Employer”). On the day Lewis began working for Employer, he received a copy of a manual entitled “Practices and Policies.” The manual provided for a progressive discipline policy, but also contained an override provision stating that when an employee’s conduct violated “very…