I-9

In our business we do a lot of seasonal hiring. The policy here is to require that the "paperwork" - I-9, W-4, Release for a background search, etc. - be completed prior to the employee beginning work. I have been told, that WILL NOT CHANGE. I can live with that, but our CEO, thinks that it is not necessary to complete the I-9 as required and that "it really doesn't matter". It's really not a question of hiring an illegal alien, but that documents other than the required ones are being accepted and that one person is signing another's name as the person who has reviewed the documents. I have been told to back off and that I am being too picky. Any suggestions on how I can bring about change. It is my understanding, and I am new to this, that this is a legal document. It does state that the signee is perjurying him or herself if making a false statement, never mind signing someone elses name.

Thanks for any insight you can offer.

Comments

  • 6 Comments sorted by Votes Date Added
  • HI Bess, welcome. I would go back to the lobby and do a search on I - 9's. There have been some good discussions and some of the posts included links to cites where you can get more information. You are NOT being too picky, you are right on and potentially headed for big trouble, in my opinion. Others will jump in here and that, with the review of information, should arm you with enough to go back to the CEO
  • Good afternoon Bess from the world of PORK. Sonny great response! The I-9 is the one document in most hiring packets that does have a set of police "dawgs", that depending on your location, could just bounce into your office and challenge just one enrollee and go on from there to look at all. It is so very important that I personally see to it that we do it right, but then we do hire others who would otherwise check other than the top box. If your organization has never heard of the I-9 Police "dawgs", then, heck, your boss may be right and why waste your time with following a Federal Law. I would only ask for his orders in written format. Ya'll eat more PORK out there!!!

    OINK<OINK pork
  • My opinion is stick to your guns. I was audited by the DOL in 2001 at my former employer. The auditor asked for a list of employees, and in the same breath asked for my I-9's. Had I not been completely up to date on my I-9's the DOL auditor would of contacted the US Department of Justice, who would of audited us too. We had issues that needed to be rectified around Affirmative Action, however I was as proud as could be when in the written report, the auditor noted I-9's were perfect!

    Good luck!

    Beckie

  • That is what you should say if he believes that! I have been through an I-9 Audit and it is NOT PRETTY! They fine you $2,000.00 per error on EACH I-9. Our co had to pay 56,000.00 in fines!!! An ounce of prevention (aka paperwork) is worth a pound of cure!($$$):xo

  • CajunQueen gave you the best reason of all to get your CEO's attention - money! If I can add to that, any governmental entity, not just Immigration, will audit your I-9's when they come on the premises. This includes Wage and Hour, OFCCP, etc. They all have been granted special audit powers by Immigration and are expected to do some kind of I-9 audit while they are there. Given the Homeland Security threats, we can expect to see many more of these audits. So not only is it expensive, but the likelyhood you'll be audited is increasing daily.

    Margaret Morford
    theHRedge
    615-371-8200
    [email]mmorford@mleesmith.com[/email]
    [url]http://www.thehredge.net[/url]
  • I might also suggest that you keep your I-9's in a separate file (although not a requirement) so that if you are audited all they see is the I-9's. At a previous company, corporate HR went through an I-9 audit and was fined BIG TIME for errors on the I-9's! Pass THAT on to your CEO. Good luck and keep coming to the forum it is a wonderful assist. I am also in NJ.
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