06-26-09 MARILYN PISCITELLI V. CLASSIC RESIDENCE BY HYATT
A-5027-07T2
Plaintiff, Marilyn Piscitelli, sued defendant, Classic
Residence by Hyatt, for compensatory and punitive damages
arising out of its hiring of an illegal alien, Rosa Marchena,
who obtained employment with defendant as a maid using
plaintiff's social security number and name.
On appeal, plaintiff asserted she, a victim of identity
theft, may recover compensatory and punitive damages from the
employer of the identity thief, based on (1) the employer's
alleged negligence in complying with the federal employment
verification requirements set forth in the Immigration Reform
and Control Act of 1986 (IRCA), 8 U.S.C. § 1324a(b); (2) the
employer's alleged negligence in not utilizing the federal
voluntary pilot program established by Pub.L. No. 104-208, 110
Stat. 3009-655 to 3009-665, to obtain confirmation of the
identity of the thief; (3) the employer's alleged negligence
enabling the identity thief to obtain employment with it; (4)
the alleged fraud by the employer against plaintiff; and (5) the
alleged breach by the employer of its "contract with the Federal
and State tax authorities" to correctly report plaintiff's
earnings.
We held there is no private right of action pursuant to
IRCA, 8 U.S.C. § 1324a; no negligence cause of action based on
IRCA and the voluntary pilot program for employee eligibility
confirmation; plaintiff's common law negligence claim is
preempted by IRCA, and; we decline to recognize the tort of
negligent enablement of imposter fraud in the context of this
case. We also found no basis for a fraud or third-party
beneficiary claim.
Richard Sadowski
Assistant Editor
