I-9 after termination?

jbanda · January 2002

We keep our employee's I-9 on a separate file, but what do you do with the I-9 after the employee has been terminated?, do you destroyed them or do you put them back on the employee's file? what happens if you have I-9 of terminated employees in the same file that you have I-9 of active employees?. We also attached photocopies of ID's and SS cards to the I-9.

thank you in advance for your response.

Down_the_Middle · January 2002

I-9's are required to be retained for 3 years or 1 year after termination (whichever is longer), so keeping them separate {even after termination} is a common practice.

Margaret Morford · January 2002

I am assumning that you keep your terminated employee files for at least a year after the employee terminates. We put the I-9 in the terminated employee file so that all documents are together.

You might also search the Forum for a thread on why not to attach the documents to the I-9 form. I know several people replied to that one with lots of good information.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

jbanda · January 2002

Let say I have an active employee, he has been employed for 4 years, you are telling me that I only need to retain his I-9 for his first 3 years of employment?

atherese · January 2002

I-9's must be kept for three years or one year after termination (WHICH EVER IS LONGER) -- so if an employee works for 9 months and then leaves, you must keep their I-9 for 3 years from their hire date. If an employee has been with you for 7 years and terminates, then you need to keep their I-9 for one year past their term date. Hope the examples help.

Cathie · January 2002

Just for a little more clarification, you must have an I-9 on file for all active employees unless they were hired prior to November 7, 1986. After they have termed employment, you must keep them till one year after the term date or three years after the hire date, whichever is longer.

Carol CA · January 2002

One more helpful hint.... We keep our I-9's separate. When someone terms we go to the I-9 file and put a "Purge Date" in the upper right hand corner based on the 3 years/1 year rules indicated above. Then we periodically go through the I-9 file and take out and destroy any old I-9's that have passed the purge date.

Ruskanen · January 2002

I recommend that you STOP making copies of the identification. If you make any errors, or if you are accepting ID that turns out to be false, you are providing proof of your guilt. If the INS does an audit, you are making it easier for them to spot errors. You are not required by law to make photocopies. Unfortunately, I know all this from recent experience.

jbanda · January 2002

thanks for the responses and advices, they were all very helpful.

Theresa Gegen TX · January 2002

The IRS suggests that employers photocopy social security cards for payroll purposes. The reason? The information (name and number) on the W2 must be exactly as it is on the social security card. For each mistake, the employer can be subject to a $50 fine.

Also, the government has a 1-800- number which allows employers to check up to 5 social security numbers and names (to ensure correctness) at one time. It is probably a good practice to check all new hires.

Good Luck

Ruskanen · January 2002

Remember though, that you can not request an employee to show you specific forms of ID. They are allowed to show the ID that they choose, as long as it fulfills the I-9 requirements. If a person shows you a United States passport or a Resident Alien card, you can not ask them to also show their social security card because they have already shown sufficient ID to complete the I-9. This is to discourage discrimination by asking for specific forms of ID. Again, I learned this straight from an INS Investigations Agent. You could ask them to fill out their W-4 with their name EXACTLY as it appears on their social security card, but again, you wouldn't be required to see the card.

I-9 after termination?

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