Email Violation

deniseE

We have 3 employees that have been caught using our email system to discuss finding a job for an EE's husband that is not legally able to work in the US.

Beyond the violation of email use policy, can anyone see a legal issue that may arise because of the perception that they were helping such a person find work?

There is concern that we have to report this activity to INS or something....

HRsage

I would just focus on the email policy violation and forget about the INS issue.
Even if you did notify them I don't think the INS would really care that much about someone that's here illegally "looking" for a job.

Just my thoughts.

Denise- isn't this the company that wanted to do background checks on everyone without their consent? Whatever happened with that?

cebudragonlady

Stick with whatever your Company policy says about the improper e-mail use. Period. That's it.

Chari

deniseE

That's much of what I was hoping to hear! Thank you...but any differences of opinion are welcome!!

As for that other issue...so far no one has complained...but that's not to say that we don't have EE's seeking other employment and will address it after they have another form of income!

deniseE

I've been now asked to see if this violates or requires us to report this activity under IRCA.

I did find this:
§ 270.2 Enforcement procedures.

(a) Procedures for the filing of complaints. Any person or entity having knowledge of a violation or potential violation of section 274C of the Act may submit a signed, written complaint to the Service office having jurisdiction over the business or residence of the potential violator or the location where the violation occurred. The signed, written complaint must contain sufficient information to identify both the complainant and the alleged violator, including their names and addresses. The complaint should also contain detailed factual allegations relating to the potential violation including the date, time and place of the alleged violation and the specific act or conduct alleged to constitute a violation of the Act.

but i don't know that this REQUIRES us to report a couple of EE's talking about finding someone a job...

thoughts??

Don D

Two points to make about the 'complaint system':

1) It is entirely voluntary.

2) It will more than likely result in nothing unless the complaint is a really hot potato like XYZ employing 27 illegals and paying them cash and a photo to go with it.