Anonymous tip of illegal worker

Lindsay1

I just received an anonymous e-mail stating that an current employee is an illegal alien and that immigration is aware so "be careful".  I pulled the I9, and of course, my predesessor left it incomplete.  The employee indicated that she is able to work in the county, but left the work authorization number and date blank.  There is a copy of a driver's license and social secutiry on file.  I'm not sure what to do next...and advice? 

TXHRGuy

If it is feasible: review all I-9s and correct all deficiencies among current employees.  In a case like this, their documents don't dove tail with what they put on the form.  Have them fill out a new form and show their documents.  When the I-9 is correct and the documents copied, attach the copies to the I-9 and attach that to the front of the deficient form with a note of explanation signed by you and dated noting why a new I-9 was obtained.  Document the entire audit process so that you can demonstrate that no one person was picked out.

If your work site is too large, then you run the risk of acknowledging that you may have hired one illegal person and taken no steps to see that everyone else is kosher under the law.  That would make subsequent violations willfull.

HRforME

I agree with TXHRPro....I would do an audit of all I-9s. That would prove to any govt entity that the company made a good faith effort when it was discovered that the I-9 was not filled out correctly.

In your audit, you could also run everyone through the Voluntary SS Verification system, but once you start, you must do all employees. We have never done so and I suspect will not until/if it becomes mandatory.

 

Lindsay1

Thanks for all your advice, everyone.  Since we are a fairly small company (110 employees), I did an I9 Audit.  The employee in question provided me with the proper documentation, so I"m back on track.  I'll plan on conducting a biannual audit after this; there were a few other employees that needed to provide updated documentation.