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ARB Holds That After-Acquired Evidence Justifying Termination May Limit Back Pay Damages in Whistleblower Cases Under AIR21 Statute, Asks ALJ to Clarify Employer's Burden of Proof
Categories: Financial Services
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The Administrative Review Board (“ARB”) on April 27, 2012 held that where an employer charged with retaliation under the AIR21 Statute can point to evidence of misconduct by a whistleblower which would have justified termination, but which was acquired after the termination had already occurred, that evidence may be used to limit the period for which back pay damages are recoverable. Clemmons v. Ameristar Airways, Inc., ARB Case No. 08-067. The ARB remanded the matter to the Office of Administrative Law Judges (“OALJ”) to clarify whether the employer must prove that it ...

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