I-9

We were part of US Airways and as of January 1, 2005 we went on our own and were classified as terminated by US Airways. All our I-9's are in US Airways files. I was told that I would have to have all new I-9s filled out. I do have copies of the vertifications that US Airways used, but most of the driver licenses have expired. Do I need to get current vertifications or can I use the verification that was used at the orginial hire date with US Airways?

Thanks!

Comments

  • 8 Comments sorted by Votes Date Added
  • PMAURO: That is a good question; I have looked into my library and the closest thing I fine is:
    If I acquire a business, can I rely on the I-9s completed by the previous owner/employer?

    The answer is YES, however, you also accept full responsibility and liability for all I-9s completed by the previous employer relating to individuals who are continuing in their employment (jobs).

    That being said, US AIRWAYS should provide you with the original I-9s and any copy of submitted documents.

    Your post led me to believe that you have copies of the I-9, that being the case, I would keep the copies and have all employees redo the I-9s and and present new documents as proof of their right to work. You do not want to be responsible for someone's dirty/trash work. With new documents and new verifications your new organization will feel safe in employing those authorized to work in your company and our country.

    Make the project as painless as you can, but do it and have fresh I-9s. Should you find a mis-match in data and documents, I would proceed as a new employer with a new TAX-ID (which you are) and the employee should be considered for I-9 purposes a new hire.

    I hope this helps, if it does not then contact the local state INS office.

    Pork






  • US Airways will not give us the orginials, so I guess I need to preceed with all new I-9's and information.

    Thanks,
    Patty
  • Go figure, I've had problems with them giving my luggage to me.
  • You don't have to have the originals if copies are available to you from U.S. In this state and some others, the employment security people will provide the employer with a copy of the I-9 that they initiate at the point of job referral so that the employer does not have to do the process. If this is legal, and it is INS approved, then I see no reason why copies with an explanation of the buyout would not work as well for you.
  • Assuming you want to disregard the risk of responsibilities and accountabilities for the execution of the I-9 program within the previous company, then as I stated, the copy is ok.

    Based on your thoughts and writings Don, of my abilities and professional HR actions, assume you have a PORK as the HR of the old company. I think you would choose to go the new I-9 route. Not knowing any of the players, I would feel much more comfortable, if I knew that Mr. Don was the US AIRWAY's HR in stead of Mr. PORK! After all Mr. Don knows most about everything, and he is a trustworthy sole; his I-9 program was/is flawless.

    PORK

    I still recommend going new across the board.
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-13-05 AT 02:53PM (CST)[/font][br][br]If that's your logic PoRk, if you change jobs and follow an HR manager whom you knew to be the village dunce, I suppose you would redo everything he did as well.

    Employers complete I-9s for one reason; to meet a federally imposed obligation. Well, some of us are on a mission to cleanse the country of illegals. But, most do it because it's required. It is not, however, required that in the circumstance given, you call everybody back in and hassle them through document production.

    Now that you and I have presented both sides of the argument, I don't intend to argue the sensibilities or the nonsense of it. The poster may choose either route.

    (edit) The original question included a reference to a drivers license expiring. Remember that a drivers license expiration date does not trigger a need to recertify the I-9. Once is sufficient.
  • Thanks for all your input. I have decided to go for the new, rather than taking a chance with a copy of the old.

    Patty
  • Patty: I agree the chance of a dunce sitting in the seat of responsibilities is real and to me un-nerving. When in doubt, do it your self and stand up for your work and not someone's work that may or may not have known what he/she was doing..

    PORK
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