I-9
njjel
1,235 Posts
[font size="1" color="#FF0000"]LAST EDITED ON 08-28-02 AT 03:47PM (CST)[/font][p]If a person does not present two forms of ID (after being providing proof of application for duplicate copy) within the 90 days allowed I am under the impression they can not work any longer. I thought it stated that on the I-9 form itself but I do not see it there. Where can I find it (or have I missed a change in the regs)?
Comments
Can I fire an employee who fails to produce the required document(s) within three (3) business days?
Yes. You can terminate an employee who fails to produce the required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual document(s) within 90 days of the date employment begins.
AND on [url]http://www.ins.usdoj.gov/graphics/howdoi/faqeev.htm[/url]
EMPLOYEE’S RESPONSIBILITY REGARDING FORM I-9
A new employee must complete Section 1 of a Form I-9 no later than close of business on his/her first day of work. The employee’s signature holds him/her responsible for the accuracy of the information provided. The employer is responsible for ensuring that the employee completes Section 1 in full. No documentation from the employee is required to substantiate Section 1 information provided by the employee.
EMPLOYER’S RESPONSIBILITY REGARDING FORM I-9
The employer is responsible ensuring completion of the entire form. No later than close of business on the employee’s third day of employment services, the employer must complete section 2 of the Form I-9. The employer must review documentation presented by the employee and record document information of the form. Proper documentation establishes both that the employee is authorized to work in the U.S. and that the employee who presents the employment authorization document is the person to whom it was issued. The employer should supply to the employee the official list of acceptable documents for establishing identity and work eligibility. The employer may accept any List A document, establishing both identity and work eligibility, or combination of a List B document (establishing identity) and List C document (establishing work eligibility), that the employee chooses from the list to present (the documentation presented is not required to substantiate information provided in Section 1). The employer must examine the document(s) and accept them if they reasonably appear to be genuine and to relate to the employee who presents them. Requesting more or different documentation than the minimum necessary to meet this requirement may constitute an unfair immigration-related employment practice. If the documentation presented by an employee does not reasonably appear to be genuine or relate to the employee who presents them, employers must refuse acceptance and ask for other documentation from the list of acceptable documents that meets the requirements. An employer should not continue to employ an employee who cannot present documentation that meets the requirements.
Hope this helps
"Is it legal to fire an employee who does not provide the necessary documents?"
Answer: "If you are employing people who have not provided you with documentation proving eligibility to work in the U.S., you are breaking the law, unless those employees were hired before 1986 when IRCA became effective. One method of dealing with employees who do not bring documentation is to suspend them from work until they produce teh necessary documents. If this is not effective, you are obligated to release them from employment. You may want to seek legal counsel regarding the proper way to terminate or suspend such an employee. Some companies do not permit a person to work until all documentation has been provided. This avoids complications of having to terminate someone for nonproduction of documents later."
I don't know if this helps you, but I had a similar question- I have an employee who has only given one piece of identification, she has been asked for other documentation and STILL has not brought it in. She will be suspended until documentation is received. Just remember to keep it uniform with all employees.
"Q. 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?
A. 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. Note: Employees hired for less than 3 business days must produce the actual document(s) and the I-9 must be fully completed at the time employment begins."
One exception: per INS, if a person's work authorization has expired BEFORE you hire, you CAN NOT hire based on receipt. YOU MUST HAVE THE ACTUAL ID CARD. If the authorization expires after hire, you can continue as long as you are provided proper receipt.
Our policy, established after meeting with a lawyer specializing in immigration law and employment: We will hire the individual with id and/or receipt of application with the understanding that the actual document must be presented within 90 days. As a courtesy we do provide reminders, 90-60-30-20 days and final notice, that are attached to their paycheck so we know they are received and a copy is kept in a pending file. The 30-20-final are also copied to the employee's supervisor and a copy sent by regular mail to the employee's address on file. Most employees contact us so we haven't had to suspend and/or terminate very many fortunately. Usually we suspend if they have made an effort to get the information - INS is notoriously slow in processing and printing cards - but haven't received a letter of acknowledgement from INS. However, if they bring us the receipt letter from INS, I follow the status (there is a phone number you can call for updated information) so I know what's happening with their application for renewal. The few we have terminated have been for failing to heed the reminders and haven't started the process until the authorization has expired.
Also, because of the nature of our business,(we have high turnover) no one is allowed to start work until the I-9 in completed and required documentation provided. This eliminates a lot of the challenges!