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Golden Gate University Law Review

Abstract

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 would be violating immigration laws by continuing to employ them.

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