What would you do?

SMace · February 2004

I have an exciting I-9 question. EE was asked for I-9 info. He gave SS card, but said he did not have a driver's license. Went down the list and he had nothing. No passport, no ID card, no voter's reg card. Produced court paperwork that shows license suspended due to DUI. Stated that the court told him to use this paperwork until he got his license back. I find this hard to believe and am inclined to believe he is not telling the truth. This is in VA.

Questions: Can you not get an ID card in VA when your license is suspended? He said it would take 3 weeks to get voter's reg card. Would you wait that long? Red flags are popping up and as it's been said many times, if your having this many problems from the start, it can only get worse. What would you do?

AJ SPHR · February 2004

One thing you could do is require the employee to go to the state office responsible for driver's licenses and get an official letter from someone stating that the paper he has is valid as a subsitute for driver's license - basically require them to put in writing their legal commitment that you can accept that as an equal subsitute for the driver's license. Since you have suspicions already about this employee, put the onus on his back to produce valid documents before he can work for you.

Leslie · February 2004

I'd tell him the job is not available in three weeks, it's available now. He needs to hightail his bu** down to Dept of Motor Vehicles (or whatever it's called by you) and get an ID card. AZ's DMV does issue ID cards to folks with suspended licenses - if you really want to go to the trouble for this one, call yours and find out if they do. I'd be willing to bet he's pulling the wool over your eyes on this one.

SMace · February 2004

The person responsible for hiring there tried to call the DMV. Their message states that they will not allow people to be on hold for more than 5 minutes and then promptly disconnects the call. No voice mail or anything. AAHH, tax dollars at work.

Is there not a 3 day window to provide the proper info? Thanks for the input. You too SPHR.

AJ SPHR · February 2004

Yes, I believe you're right about the 3-day period. I still say you should put the responsibility on him to produce valid documents to show he can work in the U.S. Give him the list of acceptable items and tell him to get you something that you can take as proof and if he can't do so within 3 days, that he should be terminated and then considered for rehire when he has the documents. At least that's one approach to take. I wouldn't waste my time on the phone with DMV - that phone system sounds horrendous, but hey, they were right that they didn't keep you on hold for more than 5 minutes .. they just didn't tell you that you'd be disconnected to achieve their goal!x:D

mwild31 · February 2004

[font size="1" color="#FF0000"]LAST EDITED ON 02-09-04 AT 10:57AM (CST)[/font][br][br]Hi Smace - here's the website to the North Carolina Department of motor vehicles:

[url]http://www.dmv.dot.state.nc.us/[/url]

I wouldn't make this too difficult on yourself or the hiring person. I would let the employee know that they have 3 days to produce the required documents or you can't proceed with their employment - end of story. Just my thoughts.

EDIT - SORRY JUST RE-READ POST - Virginia DMV

[url]http://www.dmv.state.va.us/[/url]

ladyzuesse · February 2004

We're lucky to have the DMV offices these days - they shut a bunch down in our area last year and then reopened some of them when they realized there was no DMV office in 5 or 6 counties at all. (including ours)

The answers may be on the website about the court document, but why would he have no proof of identity at all? I can't imagine not being able to prove who I was, unless I had good reason not to.

Tammy

AluminumBoy · February 2004

I worked as an HR Mgr in Virginia. You can get an ID card from the DMV in a day. If the court paperwork is legit, it won't be a problem. He'll need another document showing proof of residence like a power bill, lease, etc...

JM in ATL · February 2004

Ditto! Give him the three days that is required.

It is not your responsibility to make sure job applicants have their I-9 paperwork when they start a job. Frankly, by now people should know this and it is just to show how irresponsible people are.

Good luck with this winner!

Crout · February 2004

The INS has already answered this question in Employer Information Bulletin 102. They require original documents, but will accept a receipt for a REPLACEMENT document ONLY if the original was lost, stolen or damaged. If the EE has merely made the initial application for the document, that would not suffice. See EIB 107 for additional information. In regard to your EE, I would follow the INS guidelines and let him go if he can not produce the required documentation.

amwkim · February 2004

So no birth certificate? I think it sounds very fishy too. If he can't supply the docs for right to work in 3 days, he doesn't get to!!

ladyzuesse · February 2004

Your guy can get his ID card in 1 day with proof of legal presence and proof of residency. But the new qualifications for legal presence are just about like docs for I-9.

Unless you REALLY want this employee, give him 3 days and let it go.

He won't be able to cash his paycheck without positive ID anyway...

Tammy
HR in VA

Crout · February 2004

How bad you want the employee is irrelevant. You should be obeying the law.

SMace · February 2004

Thanks everyone for your posts. I will follow the law and give him three days to provide something on the list otherwise we will terminate employment.

One more question- I assume he can work during the 3 day period, correct? I'm not sure how many days have passed since his orientation, but if three days have already passed, I'm inclined not to let him come back until he provides documentation. What do you think?

Crout · February 2004

I think that would be appropriate, but did you tell him that he has three days to produce the required documents or face termination? If not, what was said?

SMace · February 2004

They should be contacting him now. He has already worked 3 days and is scheduled back Wed. night. They are going to call him and tell him he has to provide the necessary documentation before he can come back to work.

What would you do?

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