I-9 form

gap

Margaret Morford provided a sample policy entitled "Employment Eligibility Documents" [retrieved from HR comply a little while ago], language was inserted that said: ..."Employees will be expected to complete the I-9 form during orientation on their first day of work."

My question is that I have required completion of the I-9 form, along with all of the other associated paperwork, prior to beginning work as a new employee of the Library system. I have felt it in the best interests of the organization to have everything done, and ready to go before working for us.

Is this legal to be doing? In the same sample policy, it is stated that "...if a new employee is unable to provide the necessary documentation within three working days from the date of hire, he must provide proof that he has applied for the required documents." This last statement indicates to me that perhaps I cannot dicatate that the I-9 form must be completed before starting work with us.

Any insights would be most appreciated. I have looked in all of my current resources but can't seem to find the answer to my query. Thanks. gap

jimlegal

We get everything signed off, on the first day of employment.

Don D

My recollection is that it is not legal to do it prior to employment, regardless. I recall this I think from my state employment days when the I-9 first came into being. I may be wrong, but I think the reasoning is that an employer might use the information on the form to actually withdraw an offer or reject the applicant who is not yet an employee. If I'm all wet, please advise.

njjel

I believe that the reg states that it must be filled out on the first day of employment. That is when I have it done.

Don D

I believe it's 'on the first day or within three working days of beginning work'.

Cindy Hanna

I think you are right Don. I believe it is stated within 72 hours.

JulieP

I have been to seminars within the past year, hosted by the INS. You have to wait until they are hired, then it has to be filled out within the first 3 days of employment.