A recent, unique ruling in the U.S. District Court for the Southern District of New York, Kulick v. Gamma Real Estate LLC, has shed new light on employee terminations and opened the door to retroactive terminations for cause based on what is known as the after-acquired evidence doctrine. The decision may also signal a shift in favor of employers, particularly in situations where an employer can demonstrate the former employee actively concealed misconduct that would have supported a for-cause termination.
In an article for Law360, Reid Skibell and Megan Reilly discuss the potential change in the employment legal landscape, Kulick’s practical impacts, and how practitioners, employers, and employees are likely to feel the effects as the caselaw on this subject continues to take shape.
Read the article.
