Brandon Noel was working in a temporary position at GTE. He filled out a background questionnaire for

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Brandon Noel was working in a temporary position at GTE. He filled out a background questionnaire for a permanent position in 2000. It asked about any criminal convictions. He wrote that six years earlier he was convicted of a felony, which he described as "aiding and abetting-not fully involved" and that he received "parole-probation to youth authority." GTE hired Choice Point (CP) to do a background investigation. It contacted Wilsons, where Noel worked briefly in 1999. Santillan, a manager at Wilsons, told CP that Noel left because of "loss prevention issues" and that his "rehire status" was "unfavorable." CP reported that information and the result of its criminal background search that found convictions for: carjacking, three counts of attempted armed robbery, two counts of exhibiting a weapon other than a firearm, two counts of residential burglary, and four counts of robbery. Noel was in juvenile prison from 1995 to 1999. GTE gave Noel a copy of the CP report and fired him.

1. Did Noel actually suffer a loss because of the information provided by Santillan?
2. Suppose there was nothing else negative in his background and the incorrect information from Santillan was the reason Noel did not get the job. Would that have changed the result?

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The Legal Environment of Business

ISBN: 978-0538473996

11th Edition

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

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