The Employer's Role in Verifying Employment
Paperwork. Nobody likes it, but everyone has to do it.
Documentation on a new hire can be the most cumbersome, but is
an absolute must. Detailed paperwork not only allows the new
employee to collect a paycheck and be eligible for fringe
benefits, it protects you, the employer.
Take for example the required I-9 form. Failure by the employer
to properly document all new employees and their legal ability
to work can result in major fines and penalties.
The Law The law governing I-9 states that an employer is
prohibited from knowingly hiring or knowingly continuing to
employ an unauthorized worker.
The Employer Responsibility The employer is responsible for
ensuring that their employees are authorized to work in the U.S.
The completion of the I-9 Form and inspection of the supporting
documents helps to establish that individual's identity and work
eligibility. I-9 Forms must be fully completed and signed on the
day the employee begins work. It is important to note that even
though the employee completes Section 1, the employer can still
be liable for any violations or omissions. Therefore, it is
important that the employer thoroughly check the document and
supporting legal documents provided by the employee.
The employer must review original verification documents
presented by the employee and complete Section 2 of the I-9 form
within the first three days of hire. Even if the individual is
hired for 3 days or less, the entire form must be completed. In
this case, you need to complete it at the time the employee
begins work.
Common Questions Here are a few common questions taken from the
Immigration & Naturalization Service (INS) Publication,
"Handbook for Employers: Instructions for Completing Form I-9"
(11/91)
What should I do if the person I hire is unable to provide the
required documents within 3 business days of the date employment
begins?
If an employee is unable to present the required document or
documents within 3 business days of the date employment begins,
the employee must produce a receipt showing that he or she has
applied for the document. In addition, the employee must present
the actual document to you within 90 days of the hire. The
employee must have indicated on or before the time employment
began, by having checked an appropriate box in Section 1 that he
or she is already eligible to be employed in the United States.
What happens if I properly complete a Form I-9 and INS discovers
that my employee is not actually authorized to work?