CJI-Civ. 31:16

If you find that the plaintiff, (name), had actual damages, then you must consider

whether the defendant, (name), has proved (insert applicable pronoun) affirmative defense of

after-acquired evidence of (fraud) (misconduct). The plaintiff cannot recover any damages

that occurred after the date that the defendant discovered evidence of (fraud) (misconduct)

by the plaintiff. This affirmative defense is proved if you find all of the following:

1. The plaintiff (describe type of misconduct, e.g., concealed or misrepresented a

material fact or facts on a resume with the intent of creating a false impression in the mind of the

defendant; committed theft; committed sexual harassment, etc.);

2. The defendant did not discover the (concealed or misrepresented fact or facts)

(misconduct) until after the plaintiff was discharged; and

3. A reasonable, objective employer (would not have hired) (would have discharged)

the plaintiff if it had discovered the (concealed or misrepresented fact or facts)

(misconduct) at the time of the plaintiff’s (fraud) (misconduct).

If you find that any one or more of these statements has not been proved, then you

shall make no deduction from the plaintiff’s damages.

On the other hand, if you find that all of these statements have been proved, then

you must not award the plaintiff any damages occurring after the date that the defendant

discovered evidence of the (fraud) (misconduct) by the plaintiff.