I-9's

SpartanFan

Have a customer who does business with Wal Mart. Wal Mart requires all sub-contractors to agree to provide photocopies of all I-9's of any employee working on their job site. My customer wants to refuse to provide the copies of the I-9's, but attest to the fact that they indeed abide by the provisions of IRCA. If my customer agrees to provide copies of I-9's to Wal Mart, is there any potential violation of IRCA by divulging confidential information (i.e. social security numbers, home address, birth date, etc.)??? If they refuse to provide copies of I-9's, they lose the contract. If they agree, they may violate privacy protection requirements. Can Wal Mart legally insist on having contractors and subs to provide actual copies of I-9's of individuals who are not thier direct employees? What to do...???

Dutch2

If memory serves me correctly ... not too long ago Walmart was "nailed" big time because some of their vendors/contractors were using labor on their property that were not legal to work in the USA. They are no doubt gun shy now. With the depth of their corporate legal dept. I'll bet they have already checked it out and are satisified they can require this of their sub-contractors, etc...

Sharon McKnight SPHR

Perhaps your customer could meet with Wal-mart to explain their concerns and reach a compromise. For example, copies of the I-9s with private information redacted or no copies and, instead, a release of liability agreement.

Has your customer contacted the USCIS to seek guidance?

Sharon