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

    Court Overturns $101M Tax Refund To Texaco

    Recent Cases 06/17/2008

    The 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

    Court OK's Discrimination Suit Against Restaurant

    Recent Cases 06/12/2008

    A 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

    Shareholders Sue Baker Hughes For Bribery

    Recent Cases 06/09/2008

    Directors 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...

Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.

Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.

Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:

• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements

For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read