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Labor and Employment Law

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Golden Gate University Law Review

Employment terminations

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Giving Employers Guidance: The Proper Response To No-Match Letters Under Aramark Facility Services V. Service Employees International Union, Local 1877, Steffanie Bevington Oct 2010

Giving Employers Guidance: The Proper Response To No-Match Letters Under Aramark Facility Services V. Service Employees International Union, Local 1877, Steffanie Bevington

Golden Gate University Law Review

In Aramark Facility Services v. Service Employees International Union, Local 1877, the United States Court of Appeals for the Ninth Circuit provided some guidance to employers in receipt of a no-match letter. Finding that receipt of a no-match letter does not give an employer "constructive knowledge" that an employee is unauthorized to work in the United States, the Ninth Circuit upheld an arbitration award reinstating employees who were terminated after their employer received a no-match letter. The Ninth Circuit held that termination of the employees was unwarranted under the circumstances because the company did not have sufficient information that it …


Turner V. Anheuser-Busch, Inc.: California Supreme Court Provides Employers With A More Favorable Constructive Discharge Standard, Joseph A. Meckes Sep 2010

Turner V. Anheuser-Busch, Inc.: California Supreme Court Provides Employers With A More Favorable Constructive Discharge Standard, Joseph A. Meckes

Golden Gate University Law Review

In Turner v. Anheuser Busch, Inc. the California Supreme Court held that James Turner's claim for constructive wrongful discharge in violation of public policy failed as a matter of law. The court held Turner could not show either objectively intolerable aggravated conditions on the job or that his employer violated public policy. Because Turner did not state a cognizable claim, the court reinstated the trial court's grant of summary judgment in favor of Turner's employer AnheuserBusch, Incorporated (hereinafter "ABI"). In reaching this conclusion, the court significantly modified the constructive discharge test by no longer allowing a plaintiff to use the …