If, during litigation, you discover a new reason for termination, you may lessen your liability.
Recent case: Debra, director of a 911 call system, had to travel out of state to care for her ill mother. While away on, her employer told her she was being terminated. She sued, alleging violations.
The court said her employer had indeed violated the FMLA. All that remained was a trial to determine how much she was owed.
That’s when the former employer discovered that Debra might have violated wiretap laws. It argued that it would have fired her anyway. She sought to block the wiretap evidence, but the court said it was relevant to determine how much—if anything—she was due for the FMLA violation. (Raimondi v. Wyoming County, No. 3:14-CV-1918, MD PA, 2016)