Immigration Law: Subcontractors and I-9 Forms

Tina Shake

With the recent trouble that Walmart has had with the subcontractors hiring individuals who were not legal to work in the U.S., I have been posed with the question on how do we protect against this? Do we have subcontractors sign a contract stating that they will follow all applicable employment laws, or is it our duty to check all of the subcontractor's employees for legal working status? Normally subcontractor information does not go through me; the accounting department handles the proof of insurance. Thanks for any help on this!

Shadowfax

You're hiring contractors w/o a contract now? If these folks are really independant contractors, of course you have them sign a contract, and part of it should be, among other things, that they will comply with all applicable laws regarding emp0loyment, wage and hour, etc AND they will indemnify and hold harmless your co in the event they do not and cause liability to fall on you. Of course no language in the contract will help you if you knew anyway - but looked the other way.

Tina Shake

We have contracts, however, I do not get to review them or see them. They go to our accounting department. My boss, EVP, asked me about our liability (due to hearing about Walmart) and how we minimize that liability. I am going to request copies of the contracts from accounting and review them for applicable language. I wanted to make sure there is nothing else we need to be doing as a proactive approach (like requesting additional paperwork from the subcontractors, etc). Unfortunately, there has been a disconnect and lack of communication on what roles the departments should be taking. Sometimes they just fail to involve HR in the pertinent issues! Ugh! Thanks for your information!

hhaynal

You must address it two-fold. It does help to include a clause within a commercial contract with the vendor, but the second part is if it becomes known to the company that the contractor is utilizing illegals, the company must put a prompt stop to the action.

Tina Shake

Thank you very much! This has helped! Have a great day, hope the sun is shining!