Trico Technologies Corp. v. Montiel

In this ease we consider whether Texas should apply the “after-acquired evidence doctrine” to retaliatory discharge claims brought under the Texas Workers’ Compensation Act. This doctrine provides that evidence of an employee’s misconduct acquired after the employee was wrongfully discharged bars or limits the employee’s recovery when the employer would not have hired the applicant or would have terminated em ployment on legitimate and lawful grounds had the evidence been discovered before the discharge. We hold that after-acquired evidence of an employee’s dishonesty, while not a complete…