EE confesses to use invalid SS#
jbanda
42 Posts
I have an employee that confess that she has been working with an invalid SS#, she has been working us for 5 years. I realized that I can terminate her. She confess that she now has her own SS# and valid work authorization from INS. what's the legal thing to do? should I terminate? rehire? change SS#?, she is a very good employee, but I want to do the right and legal thing.
With all the changes in the INS and the IRS, I can see this will be a hot topic at least in Texas. Anybody with some knowledge in this matter?
thanks,
With all the changes in the INS and the IRS, I can see this will be a hot topic at least in Texas. Anybody with some knowledge in this matter?
thanks,
Comments
Chari
(I-9 and W-4) with the new info. I remember reading this somewhere on the INS website that I was once referred to. I think it's also been mentioned on the forum before. It might set a precedent to other ee's that may want the same treatment later on, if need be. That's something that you would have to think about also. Did the ee come forward on their own or were they confronted due to an audit? Ours came forward on their own and they were in good standing. That may or may not matter to you.
What other document besides the social security card did they use for your I-9? If I understand you correctly, you have been working an illegal immigrant for 5 years. You can be cited big time for that if you become aware of the situation and do not rectify it. If your company has an attorney, this is definitely a 'consult' time.
Glad I am not making the decision.
My$0.02 worth.
DJ The Balloonman
[url]http://www.immigration.gov/graphics/howdoi/faqeev.htm[/url]
As for providing false documents or information to the Company, that is an issue that must be handled through your company policy. If others have been disciplined or terminated for providing false documents or information, I would be concerned about showing favortism. Hope you find this information helpful.
Good luck.
LF
Just curious, what did you decide to do?
DJ The Balloonman
poor countries, I have been to counties like central america or mexico I can tell you that I probably would of done the same thing if I was living on the same living conditions.
thanks for everyones input and suggestions, they were very helpful.
Bottom line is make sure you are not in a retailatory mode, especially, when the employee has been a good employee! One can go on line with the DOL or INS and get copies of the federal forms and read about the federal law on these situations. I believe the form is a ETA 750, which is the application for the authority to have an illegal immigrant employed" "APPLICATION FOR ALIEN EMPLOYMENT CERTIFICATION"!
If I had caught the individual through my background research, we would have terminated immediately!! Once there is a CONFESSION SITUATION and a request for assistance in staying on board with our company our EPA policy kicks in; a reasonable accomodation kicks in which is the application action was followed.
I believe the Presidental extention is still in place. I know the DOL and INS are both working on the 1.6 million cases filed in the year 2001 & 2002.
Happy days are here again with more HR opportunities to succeed! Pork