BA638_Assignment 2.1

BA638_Assignment 2.1 - BA 638 Assignment 2.1 (Chapter 5,...

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BA 638 Assignment 2.1 (Chapter 5, Question 6) Background (from text): An employee accepted a job with Hilton Hotels. On his employment application, he truthfully replied no to a question asking whether he had ever been convicted of a felony or misdemeanor. A paragraph at the bottom of the application stated that “I authorize Hilton to investigate my background…” However, the employee did not initial this paragraph. A background checking company (IMI) was asked to check the employee’s background. IMI erroneously responded that the employee had been convicted of a misdemeanor and had served six months in jail. The employee was not informed of the background check. When he was confronted by a supervisor who asked him whether he had ever been in prison, the employee again said that he had not. Hilton did not look into the matter any further. Instead, the employee was terminated for falsifying his application. What should the court decide? Why? ( Socorro v. IMI Data Search and Hilton Hotels, 2003 U.S. Dist. LEXIS 7400 (N.D.Ill.)) What should the court decide? The key facts in this case are that the plaintiff (Socorro) was terminated just days after his employer (Hilton) received the results of a background investigation that falsely accused him of a misdemeanor conviction and six months of jail time. Importantly, the employee did not give consent for the background investigation, and the employer did not notify the employee that the investigation was conducted or that an adverse action was the likely result of the investigation. Also of importance, the employer contracted with a third party (IMI) to complete the
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This note was uploaded on 11/13/2011 for the course MBA BA638 taught by Professor Johnpatterson during the Fall '11 term at Bellevue.

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BA638_Assignment 2.1 - BA 638 Assignment 2.1 (Chapter 5,...

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