McKennon v. Nashville Banner Publishing Co.
United States Supreme Court
513 U.S. 352 (1995)
After 30 years at Nashville Banner Publishing Co. (Banner) (defendant), 62-year-old Christine McKennon (plaintiff) was fired, ostensibly for cost-cutting, and sued under the Age Discrimination in Employment Act (ADEA), believing her age was the real reason. During her deposition, McKennon admitted that in her last year at Banner she had copied and shared confidential company financial documents with her husband, explaining she wanted them as "protection" in case she was fired for her age; Banner then formally fired her a second time for this misconduct. The lower courts held McKennon could not recover on her ADEA claim at all, reasoning Banner's later-discovered evidence would have justified lawfully firing her anyway; the Supreme Court granted certiorari.
Whether an employee who was terminated in violation of the Age Discrimination in Employment Act is barred from relief if, after the wrongful termination, the employer learns of wrongdoing by the employee that would have resulted in lawful termination.