Mosley v. Truckstops Corp. of America

KAUGER, Judge:

Two issues are presented: 1) whether the trial court’s refusal to give a jury instruction relieving an employer of liability for terminating an employee for misconduct discovered after the employee was terminated is grounds for reversal; 1 and 2) whether, with out the requested instruction, the jury was misled and failed to consider fully other evidence of legitimate non-retaliatory reasons for which the employee may have been discharged. 2 We find that: 1) a jury instruction relieving an employer of liability for terminating an employee engaged in misconduct discovered after…