I-9

LeslieC

In reviewing some ee files, I found that an ee hired in March '03, never submitted a completed I-9 and supporting documents (she was hired 3 months before I was, so I was not here when she came on board). I have asked for the documents. My question is: if she does not provide them within a certain amount of time, can I stop paying her/withhold pay until she does?

mwild31

Goodness no, you can't stop paying her or withhold pay. If she doesn't provide the doc's within 3 days, then let her go until she can provide the doc's. If she doesn't provide the doc's within 3-10 days, then term her.

HR in CA

[font size="1" color="#FF0000"]LAST EDITED ON 03-12-04 AT 12:08PM (CST)[/font][br][br]Mwild is right. Document the need in writing to the employee and include the statement that she will be terminated if the documents are not provided by a set date.

Pork

LESLIEC: YOU CAN SUSPEND THE INDIVIDUAL IMMEDIATELY, WITHOUT PAY; SPECIFICLLY SET A SUNSET DATE FOR HER TO RETURN WITH THE APPROPRIATE DOCUMENTS OF HER CHOICE, OR HER EMPLOYMENT RELATIONSHIP WITH YOUR COMPANY IS CANCELLED.

One can never withhold one's pay or hold someone's paycheck over their head as a matter of pressure. If you discover it was the companies' fault for the loss of the document then your company should be willing to pay the ee for the time off to again provide the documents.

PORK