06-02-09 DIANE REDVANLY V. AUTOMATED DATA PROCESSING, INC., and
RICHARD FEENEY
A-4082-06T2
The United States Supreme Court held in McKennon v.
Nashville Banner Publishing Co., 513 U.S. 352, 115 S. Ct. 879,
130 L. Ed. 2d 852 (1995), that an employee, who was wrongfully
terminated but was found to have committed misconduct that would
have resulted in termination or non-hire, is not barred from all
remedy at law, but the jury may consider evidence of misconduct
in determining the damages award. In this appeal, we hold that
in a case where this "after-acquired defense" is appropriate,
the trial must be bifurcated into a liability and damages phase
and evidence of the defephase.
Richard Sadowski
Assistant Editor
