Help! Illegal alien EE discovered

bounce

I supervise an EE I have been mentoring who just told me they didn't think they could work anymore, and then informed me they do not have legal papers to work in the US, or to be in the US. I sent them home immediately. They have a valid SS# but no papers. Is it best to ask for thier resignation? Should I put them on leave until they have gotten a work permit? Is it grounds for termination? They have been in the country since they were a child. They have been working for our company for 4 years. Can I accept their resignation based on them telling me they didn't think they could work there anymore? They told me about the papers in confidance, I don't want to violate that. Is there anyway for them to straighten this out and keep their job? What options are available?

Whatever

I'm confused. How could they have gotten a legal ss# if they are not legally in this country? In any case, you have to protect the company. I would terminate. I would, also, advise the ee where to go for help (but be careful, they probably need to see an attorney). The big issue is if you want to tell the ee you will hold their job open for a certain period of time.
Finally, whenever an ee comes to me or one of my assistants with something they want to be kept confidential, they are told, upfront, that if the situation creates a problem for the company, managerment will be advised.

marc

Whatever,

Your last paragraph is on target. People often want to speak in confidence to HR and indeed, to many levels of management. Except for legislated confidentiality, such as Medical issues, once mgt is 'burdened with knowledge' they have that higher duty to protect the company. This appears to be exactly the case with this ee. I am also curious regarding the social security card and the forms of ID required with the I-9. Something does not quite pass the smell test here.

Don D

I don't know your position with the company; but, you should immediately report this to the highest person in HR. If that's you, and you don't know what to do with this, you should immediately suspend the individual without pay and tell them to go straighten it out. If she's been illegal for four years, chances are you'll never hear from her again. You won't need to tell her the name of an attorney. If she had that inclination she would have done it long ago. The illegal community knows the legal community better than we do anyway and they also know the loopholes and where to get fraudulent IDs of every sort. We just terminated one last week. Corporate legal advised the fine could start at 10,ooo and run another 1,000 for each day illegally employed. You have no time to waste and no 'social-service obligations'. Your obligation is to the company. If she cries and says she doesn't know where to turn, tell her to contact Catholic Charities in the phone book. Secure the I-9 and find out who is incriminated if anyone.