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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
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 …
Toward A Future Of Enforcement: A Critique Of The Ninth Circuit's Invalidation Of Mandatory Arbitration Agreements In Employment Contracts, Kerri Bandics
Golden Gate University Law Review
This Comment focuses on mandatory pre-dispute arbitration agreements that prospective employees must sign in order to be hired, or even considered, for a given position. Growing numbers of employers are implementing mandatory arbitration programs to resolve workplace disputes in response to recent case law upholding the enforceability of arbitration agreements. Employers may present arbitration agreements in employment contracts, employment handbooks, or in job applications. This Comment posits that while arbitration is an efficient method of adjudicating many claims, mandatory arbitration agreements in employment contracts are potentially unfair to employees for three reasons. These three concerns arise because employers typically control …