Social Security Mismatch Wasn't Grounds To Fire
Recent Cases
Thirty-three janitors at the Los Angeles Lakers' arena were wrongfully fired for not responding quickly enough to a request to provide a correct Social Security number, the 9th Circuit ruled.
Aramark Facilities Services received a "no-match" letter from the Social Security Administration (SSA) stating that information for 48 of its workers at the Staples Center did not match the numbers in the SSA database.
This caused Aramark to suspect that the janitors were in the United States illegally.
Aramark gave the employees three days to begin the process of getting a new Social Security card. Fifteen employees complied, and the other 33 were fired a week later.
The Service Employees International Union filed a grievance, and an arbitrator gave the employees their jobs back, along with back pay. The district court overturned the ruling, stating it violated public policy on immigration.
Judge Hall reversed the district court ruling.
"This case boils down to a single issue: whether the SSA's no-match letter - and the fired employees' responses - put Aramark on constructive notice that it was employing undocumented workers," Hall wrote.
But the government agency failed to do so in the Aramark case, the court ruled, as constructive notice required positive proof of a workers' undocumented status.
"The employees' failure to meet the deadline," Hall said, "is simply not probative enough of their immigration status to indicate that public policy would be violated if they were reinstated and given back pay."
Related listings
-
Court Overturns $101M Tax Refund To Texaco
Recent Cases 06/17/2008The 9th Circuit rejected Texaco's bid for a $101 million tax refund on the $1.25 billion settlement it paid the government for selling oil and gas above the price ceilings set by federal regulations. The judges reversed judgment for Texaco, now a sub...
-
Court OK's Discrimination Suit Against Restaurant
Recent Cases 06/12/2008A California appeals court reinstated the discrimination claims of a disabled customer who was ridiculed and denied service at a restaurant. Ron Wilson followed his occasional visits to Murillo's Mexican Food with letters to owner Frances Murillo, su...
-
Shareholders Sue Baker Hughes For Bribery
Recent Cases 06/09/2008Directors of Baker Hughes, worldwide oil services, failed to stop bribing foreign officials despite a court order to do so, shareholders claim in Federal Court. Shareholders say the "Code of Conduct" the company instituted in 2002, after the SEC sued...
Victorville CA DUI Lawyers - Drunk Driving Defense Attorney
The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.
If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case.
The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.
Our Victorville CA DUI defense attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you.