I-9 No Document #'s Listed

njjel

In reviewing our old I-9 forms, I discovered several forms do not have the document #'s listed as required. There were no copies made of their ID forms at the time of hire so I can't just fill in the blanks. Some of these ee's have been employed for several years. I understand there are penalties for not having the info filled in, therefore I'm thinking my option is to either do new I-9's and back date them or ask the ee for the info that is missing. What are your thoughts?

Crout

Why the heck would back dating be an option? Do you always fudge paperwork to cover up mistakes? Ask your employees for the correct information.

Don D

If it is information that is required on the form and I had omitted it, I would go back to the employee, with the form in hand, explain my error of omission and ask for the appropriate information. To do so without the form in hand might make your request suspect, I think. Hey, this can be the one mistake you are allowed under the HR rules. x:-)

njjel

thanks Don. These ee's however were hired years ago way before my time. However, I still think I would agree with you and ask them for the information with the old one in hand. Now another question, what if they refuse to provide it now? I make the suggestion because this is a union environment and they are TOUGH!

LindaS

I was in your situation and I notified the affected individuals and had them complete a new I-9. Any "flack" you get from the union can be diffused by simply telling them to read what your legal requirements are. I am in a union setting as well and it wasn't even an issue.

njjel

Linda - What did you use for a date of hire?

LindaS

I used the original date of hire - don't want to get caught falsifying these documents. What I did was attach the original I-9 to the new one, with the corrected information so that if there is ever an audit, I can prove WHY there was a new one completed and that I made the correction after finding the initial error.

As for the timeframe for I-9s, HRQ is correct regarding the date. I believe the I-9 regulation went into effect in late 1986 and employees who had been in continuous employee before, and since then, do not have to have an I-9 on file.

pecohr

Just get a new I-9 filled out and put and explanation in with your I-9's detailing the original error and your efforts to correct the situation. Go with the original hire date.

bamahr

I found a similar problem with some employees who had been employed for 20 - 30 years. As everyone has suggested - I completed and new form verified documents and used the date I completed it.

HRQ

bamahr - the I-9 requirement hasn't been in effect that long. I think it was started in 86? Sorry I don't remember the year offhand, but if an employee has been continuously employed with the same company and hired prior to the enactment date, they don't need to complete an I-9.

LRA

Here's a twist on the forum issue:

In the midst of union organizing, a company determines ALL of its I-9's are missing/stolen. Employees are instructed to re-present approved documents within three weeks and to fill out new I-9's.

About 15% of the workforce fails or refuses to comply notwithstanding written instruction by the company.

njjel

Under the I-9 regs the company would need to terminate the employment of those who could not or would not affirm the process again. If the company underwent an I-9 investigation, they could possibly be fined for each missing I-9 form.

HRICA

Yep. IRCA regs clearly state an I-9 must be on file for every employee or you can term. It's a no-brainer.

I'd also be interested in finding out how all of the I-9's went missing - they should really be under lock and key.

Don D

I agree that we should now lock the I-9 file. I used to think stealing I-9s was about like stealing used envelopes, that they would have no value. But with all the identity theft going on nowadays, a file drawer full of I-9s is quite a valuable find for the dishonest.

Regarding the local union officials or members who hesitated or refused to provide documentation again; I would send certified notice to the International Rep or whoever the highest area official is, with cc to our attorney advising of the immediacy of the request and the certainty of termination should they not comply.

The I-9 form itself states the effective date of this program some 16 years ago and tells you there's no requirement to have the form on those continually employed since prior to that date.