I-9's

js

Need to have I-9's on everyone.
Before me, anyone did them, or did not in many cases, and they
are almost 100% wrong.
1. Can I go back and make absolute new ones for everyone in the company?
2. Can I get rid of the old and wrong ones?
3. Can I do something to keep me out of trouble for people already termed for who I can not go back and get one for?
4. On the people who never had one, in section 2, do I write their date of hire and then a signiture date (a decade apart)? Do I attach something to state why it had not been done within the required three days?

I think I have a good handle on how to fill out I-9's and new employee compliance, but any advice on correcting past mistakes would be appreciated.

tom

You do realize I am sure that this requirement began in 1986, if my memory serves right. Therefore, employees prior to this date were not required to have an I-9.
Tom

Dianna

I'll try to answer what I know for each of your questions:
1) The only way I would go back and do new ones for each and every person in the company is if you attached the new I-9 form to the old one - the only reason I say this is that if you were ever audited, INS would most certainly question why all the forms have the same date, etc. - if the old one is attached, it shows proof that a good faith effort was made to get the information within the 72 hour period, even though the good faith effort was "almost 100% wrong." I guess that would take care of question 2 also - I would not get rid of the old ones.

3) Regarding termed employees, INS guidelines state that you are to keep the
I-9 forms for three years from the hire date or 1 year after termination, whichever is longer. So I would go through and pull the ones that fit/don't fit that description first. Then I would just correct what I could on the form, putting your initials by the changes, to signify that you are making the effort to bring the forms into compliance.

4) Again, keeping in mind "good faith effort", I would try to correct anything that is wrong on the existing forms, and put your initials by changes to try and bring the forms into compliance.

The I-9 Handbook for Employers is very helpful as well. Hope that helps some.

Dianna