I-9 and Document Discrepencies

2284103

HELP!!! We have recently acquired a company that has several Mexican workers. We are trying to verify proper documentation on each person. I-9 info forwarded to us from the previous employer has, in several cases, different names on the copies of their Permanent Resident Card compared to the copy of their SS card. We contacted the SS Department to see which name we should use for payroll records, and were told the numbers we gave them were not assigned to anyone! Should we release these people until they can show us proper paperwork? Are we responsible to even check with SS to verify that the number is valid?

mwild31

Hi 2284103. We've talked A LOT about this topic on the forum - do a search to get more in depth answers. Short response, it is up to you to verify the documents supplied to you. You can either visually inspect them or go a step further and contact the SS department (this is recommended and will save you in the long-term should you ever get audited - in which case you'll have to let the folks go then). Since you now know these folks are working illegally, you have to let them go until they can provide proper documentation. No ifs, ands or buts about it - you have to let them go.

2284103

Does the SS Dept have to check these numbers for us? The person we talked to got angry when she had to check one and almost hung up on us when we asked for a second one!

mwild31

Here's the number to call: 1-800-772-1213 (it's a regional number, so they may redirect you or they may not - also this number is dedicated to this service, meaning you won't disturb folks when you call). You'll need to give them your EIN number and they'll check up to 5 names at a time. Some forum folks have been able to utilize the web for this information, but it's my understanding that web checking is still in a prototype phase.

HRsage

If Mwild's number doesn't work, I've used this one to verify SSN's- 1-800-772-6270. The online verification is still in the pilot phase with limited availability.

Like Don said, if the numbers are not a match then suspend them to allow them to get it sorted out with the SSA, and you probably won't hear back from them.

mwild31

Hey - I said it to "you have to let them go until they can provide proper documentation." I just didn't say the word 'suspend'. x:-)

If you suspend, as we did at our company, give them a time limit. Our INS (as it was known about 6 months ago) agent told us 3 days & our lawyer said 5. We gave them 5 days to get their paperwork together or face termination.

Don D

Our attorneys advise the best approach is to suspend them and tell them they have seven days to return with some form of documentation or proper receipt. Chances are you will never hear from them again.

cebudragonlady

I just wonder why these documents were not checked as part of the buyer's due diligence in acquiring a company ? Instead of this being the seller's headache, it is now yours !

Chari

2284103

You're right. Lessons learned, I guess! At least they are, now.