Paper I-9's and Background checks - California
Sheila2008
44 Posts
Can I store both the I-9's and Background checks in the employee file? I was told that the 1-9's had to be stored separately.
Comments
I-9s do NOT have to be stored separately. It is best practice to store them separately. If you get a notice of audit, you have 48 hours to get all the I-9s out of the employee files or else you are at risk of having to let ICE rifle through your employment files rather than just your I-9s.
Placing background checks in the EE file is dependent on who has access to them. That's not stuff yuor average line supervisor needs to be seeing.
NO! Please don't toss away I-9s for active employees. You must keep all I-9s for active employees!!! What TXHRGuy was saying is that if you terminate someone then you can toss the I-9 after one year or 3 years from the hire date, whichever is longer. Here are two examples to help you:
Employee A - Hired 1/15/08, termed on 6/15/08, I-9 must be kept until 1/15/11(b/c 3 years from hire date is longer than 1 year from term date)
Employee B - Hired 2/14/00, termed on 6/15/08, I-9 must be kept until 6/15/09 (b/c 1 year from term date is longer)
Does that make sense?
Let me rephrase:
After termination, the I-9 must be retained for either 3 years from date of hire or 1 year from date of termination, whichever is longer. IT's examples are correct.
Employee B - Hired 2/14/00, termed on 6/15/08, I-9 must be kept until 6/15/09 (b/c 1 year from term date is longer)- <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
What happens if this employee is rehired after 1 year, my understanding is that a new I-9 Form needs to be filled out. Am I correct?
Also if this employee is hired back within 1 year period, we'll be using the existing I-9 record on file by filling out section 3-Updating and Reverification. Shouldn’t the updated I-9 be filed with 2009 records?
Thanks
What happens if this employee is rehired after 1 year, my understanding is that a new I-9 Form needs to be filled out. Am I correct? If you have already shredded the old documentation, then definitely.
If not, see the following from the I-9 Employer's Handbook:
When you rehire an employee, you must ensure that he or she
is still authorized to work. You may do this by completing a
new Form I-9 or you may reverify or update the original form
by completing Section 3.
If you rehire an employee who has previously completed a
Form I-9, you may reverify on the employee’s original Form
I-9 (or on a new Form I-9 if Section 3 of the original has
already been used) if:
1. You rehire the employee within three years of the initial
date of hire; and
2. The employee’s previous grant of work authorization has
expired, but he or she is currently eligible to work on a
different basis or under a new grant of work authorization
than when the original Form I-9 was completed.
To reverify, you must:
1. Record the date of rehire;
2. Record the document title, number and expiration date (if
any) of any document(s) presented;
3. Sign and date Section 3; and
4. If you are reverifying on a new Form I-9, write the
employee’s name in Section 1.
If you rehire an employee who has previously completed a
Form I-9, you may update on the employee’s original Form I-
9 or on a new Form I-9 if:
1. You rehire the employee within three years of the initial
date of hire; and
2. The employee is still eligible to work on the same basis as
when the original Form I-9 was completed.
To update, you must:
1. Record the date of rehire;
2. Sign and date Section 3; and
3. If you are updating on a new Form I-9, write the
employee’s name in Section 1.
Employers always have the option of completing Sections 1
and 2 of a new Form I-9 instead of completing Section 3 when
rehiring employees.
Also if this employee is hired back within 1 year period, we'll be using the existing I-9 record on file by filling out section 3-Updating and Reverification. Shouldn’t the updated I-9 be filed with 2009 records? Yes, I would file it as if the rehire date were the original hire date..I've never read anything that states the original hire date still stands in the time calculation, but I could be wrong.
Thanks
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see my answers in italics....