I-9 Document
tfevergrn
114 Posts
Happy New Year everyone.....
I am in the middle of conducting an I-9 audit. We attach copies of the I-9 documents to the I-9. In conducting this audit I stumbled on a copy of an employee's social security card that contained a type over on one of the numbers in their social security number and the actual social security number and her name are not centered. Obviously not geniune on it's face.
What is my obligation at this point? This employee has been employed with us since 1998. Can I verify her social security number with the social security administration at this point, as long as I have her consent and authorization for a background on file? If so, surely this can't be perceived as discriminatory? I'm new with this employer and find it hard to believe that one of the previous HR managers accepted this document.
In addition, if I was audited, would they call me on the carpet for not correcting this?
Tina Marie
I am in the middle of conducting an I-9 audit. We attach copies of the I-9 documents to the I-9. In conducting this audit I stumbled on a copy of an employee's social security card that contained a type over on one of the numbers in their social security number and the actual social security number and her name are not centered. Obviously not geniune on it's face.
What is my obligation at this point? This employee has been employed with us since 1998. Can I verify her social security number with the social security administration at this point, as long as I have her consent and authorization for a background on file? If so, surely this can't be perceived as discriminatory? I'm new with this employer and find it hard to believe that one of the previous HR managers accepted this document.
In addition, if I was audited, would they call me on the carpet for not correcting this?
Tina Marie
Comments
Under IRCA provisions, you can only reverify I-9's in the event that an employee was working here in the US on a status with a defined end date. When that end date approches, you can reverify that worker's eligibility (section 3 of the I-9 form...see the IRCA section on the DOL website). Other than that, I know of no other scenarios where the government allows you to reverify I-9s...you can have your EEs fill out new I-9s in the event of merger or acquisition, but I don't think that applies to your situation.
In any case, here is some helpful information from the USCIS regarding the discovery of false I-9 documentation:
"DISCOVERING FALSE DOCUMENTATION
False documentation includes documents that are counterfeit or those that belong to someone other than the employee who presented them. It occasionally happens that an employee who initially presented false documentation to gain employment subsequently obtains proper work authorization and presents documentation of this work authorization. In such a case, U.S. immigration law does not require the employer to terminate the employee’s services. However, an employer’s personnel policies regarding provision of false information to the employer may apply. The employer should correct the relevant information on the Form I-9."
If your policies allow for the employee to correct the false information, I would go that route. If your policy states that providing false information/documentation to the company is grounds for dismissal, then that may be your best bet. Remember, you cannot fire them for working illegally, but you CAN terminate them for breaking your policies.
Above all, remember to document, document, document.
"QUESTIONS ABOUT GENUINENESS OF DOCUMENTS
Employers are not required to be document experts. In reviewing the genuineness of the documents presented by employees, employers are held to a reasonableness standard. Since no employer which is not participating in one of the employment verification pilots has access to receive confirmation of information contained in a document presented by an employee to demonstrate employment eligibility, it may happen that an employer will accept a document that is not in fact genuine – or is genuine but does not belong to the person who presented it. Such an employer will not be held responsible if the document reasonably appeared to be genuine or to relate to the person presenting it. An employer who receives a document that appears not to be genuine may request assistance from the nearest Immigration field office or contact the Office of Business Liaison."
The website for this info is:
[url]http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0572194d3e88d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1RCRD[/url]
Remember, US immigration law does NOT require you to terminate an individual that was already hired if you now suspect they are illegally employed. Is there a reason you are trying to fire this individual? If so, I'd consult an attorney - otherwise you may be stepping on discriminatory ground (unless you fire them because they violated written company policy by providing false documentation). Also, if your current policy is to re-run background checks on ALL employees, or on a random basis, that may give you some relief, but only if you have an established policy of terminating EE's that provide you with false information. If you never re-check EE's background data, you may be out of luck.
The employer in this case has a duty to refuse acceptance of a questionable document. Current HR Director no doubt would not be responsible but I would think the company would be if the document "does not reasonably appear to be genuine". The document used fails to meet the "reasonable appear to be genuine" test or we wouldn't be having this discussion. The fact that the previous HR Director errored in not correcting this sooner should not obligate the current HR Director to accept the error upon discovery of it.
Just my opinion. I could be wrong.
This individuals copy of their SS Card is so blantantly fake that I am sure the USCIS would call an employer on the carpet for accepting it. I find it hard to believe that I should just ignore it.
Any immigration attorney's out there?
Tina Marie
I think this action would hold up under an audit since you are correcting the error upon discovery.
If the employee cannot provide the information for a new I-9 than I would terminate employment since it is illegal to hire someone without proper documentation.
Shirley
1. Do you keep copies of EVERY ss card AND form of identification for EVERY employee - because if you DON'T, you can't use this copy to support discipline or termination. (also FYI...keeping copies of ID's and SSC's on file is NOT required)
2. Has your company ever received a "matching" letter from SSA requesting additional information on this specific card? This letter would help document your reasonable suspicion AND would allow you to "see" this card again for review because you are legally ensuring that your records and SSA records are correct. This would allow you to request that this employee obtain a replacement card if you truly feel this card has been altered.
In my opinion if you have NO reason to suspect this employee's information other than a "copy" of a ss card which was accepted 8 years ago, I would tread VERY lightly with your requests. Just as others have posted, it is NOT the employer's responsibility to become document experts and if this card was accepted in 1998 by someone else and if you have no current valid information that this card is false...I believe in an audit, you would NOT be called on the carpet...however
If this employee is in any kind of protected class and you require this employee to jump through hoops and it turns out the card WAS valid the entire time, THEN I'm sure you would be called on the carpet...
Shirley
I have spoken with the employee and told her that she must produce a document that is from the List C I9 form or she can not continue employment with us.
In reading the forum stream of information, I am wondering if this action is correct. Since she did not supply correct documentation at point of hire from list C, can I not request that now? We do make copies of all ID presented.
In the past there has been no HR and I am sure you can see by my postings a number of issues have come up.
Thanks everyone.
Elizabeth
So what you are doing is correct and proper!
If/when you are audited, you need employment verification of every employee that worked for you the past three years.
edit:
I've not been specific in my haste. When audited they look at I-9's for current employees and everyone you've hired in the past three years.
I still say the safest and easiest way to deal with it is to send a file to the SS department with all the employee social security numbers on it..every one of them...this is permissable...to have them verified to be sure they are correct.
You can say that you heard it from another HR person that this was something that should be done by other HR departments to verify the correctness of their records for W-2 forms, and Suta forms.
If the report comes back that the number is okay than you are off the hook, let it go.
If the report comes back with an incorrect number than you can address the problem as an incorrectly verified number by the SS department. It is not discrimination because you verified every number in the company. You did not single out that person. You did not verify the number because of her I-9, you verified the numbers to be sure your tax forms were correct.
Shirley
Boy, what an elaborate process.
Thanks everyone, this is very helpful. This company has produced more demands and thoughts than any other company I have had to work with.
Elizabeth
You can send a media file to the SS department with all the numbers on it and they will send you back a report. The information can be found at
[url]http://www.ssa.gov/employer/ssnvhighgroup.htm[/url]
The above website will help you verify a high group of social security numbers it is a social security site. It is not hard and once it is done than you can verify on line one at a time as new hires come on board. I would write it in my hiring policy that you are verifying every new social security number with the Social Security Department in order to guarantee accuracy with your tax filings.
Shirley
Overview
There are two Internet verification options you can use to verify that your employee names and Social Security numbers match Social Security's records. You can:
Verify up to 10 names and SSNs (per screen) online and receive immediate results. This option is ideal to verify new hires.
OR
Upload batch files of up to 250,000 names and SSNs and usually receive results the next government business day. This option is ideal if you want to verify an entire payroll database or if you hire a large number of workers at a time.
While the service is available to all employers and third-party submitters, it can only be used to verify current or former employees and only for wage reporting (Form W-2) purposes.
Why Should I Verify Names and SSNs
Correct names and SSNs on W-2 wage reports are the keys to the successful processing of your annual wage report submission.
It's faster & easier to use than submitting your requests on magnetic media or paper listings or even using Social Security's telephone verification option.
Results in more accurate wage reports.
Saves you processing costs and reduces the number of W-2Cs.
Allows Social Security to properly credit your employees' earnings record, which will be important information in determining their Social Security benefits in the future.
Step by Step
Register to Use SSNVS - [url]www.socialsecurity.gov/bso/bsowelcome.htm[/url] Registration is required. Third-party preparers need only register once in their own firm's name. Complete the registration form and select your own password. Social Security will verify your identity against our records and display a PIN. Make note of the PIN. More Registration Info
Request Access and Activation Code -
Return to [url]www.socialsecurity.gov/bso/bsowelcome.htm[/url]
login in with your PIN and password and select "Request Access and Activation Code."
Activation Code is Mailed to Your Employer -
Your employer should give you the activation code which allows you access to SSNVS.
Login to Use the Service -
Go to [url]www.socialsecurity.gov/bso/bsowelcome.htm[/url], select Login, input your PIN, Password and your activation code and you will be able to use the service.
Copies of any documents are kept in a separate privacy file for each employee. We need them for identification purposes, SS purposes, drivers' licenses for employees required to drive on the job, etc.
To answer your question, Tina Marie, yes, I think INS could call you on the carpet (why were you doing the audit in the first place if not to correct mistakes?).
If I were in your shoes, I would attach a note with your current audit date to the I-9 in question documenting that the copy of the List B item appears to be genuine, and after 8 years of employment Social Security has not reported any discrepancy with the SS#, therefore to the best of your knowledge this person is legally employed in the U.S.
I'd also like to weigh in on the 3-year "let's destroy the old I-9's" issue. My assistant came back from a seminar and wanted to shred the old I-9's of current employees. I re-read the guidelines and said "no way" - the "LATER of" date is the key, IMHO.
Good luck to everyone trying to weave their way through the I-9 dilemmas! Argggghhh!
In the spring of 2005, I join the Basic Pilot Program for the verification of I-9 Data presented by the employee at the enrollment process. The system has never failed to give me the "authorization to employ" or to give me a "non-confirmed response" and the necessary written instructions to me and the concerned employee which is then referred to a government agency to correct the mis-match.
I have written books on this network trying to encourage all HRs/employers to get on-line and to use this system to purge our potential employees, anyone that does not have the correct information required for presentation for the I-9.
The foreign nationals have stopped coming to our doors for interviews, because the word is out that we verify the information submitted. We have uncovered a double handfull of US Citizens with bad information: name spelling, gender, birth days wrong, out of place SSN digits. All of which, when referred to the designated governmental agency have come back with corrected information and usually a "thank you". The Foreign Nationals that have been referred for correction have never comeback and their files have been terminated from our payrolls with as an attendance issue. There have also been a few non-confirms that have been referred and only came back with the same information un-changed, these have been invalid inquiries, my fingers and eye balls, were proven to be in error and my inquiry was changed accordingly and a successful submission was then submitted and a confirm was achieved.
I still recommend all to join the scene it is FREE, ON-LINE, and takes about 15 minutes at the time of the enrollment to complete an inquiry and get a response. Our number of inquires is now over 200 and still climbing without a single failure.
Richard, otherwise, known as PORK
Tina Marie