I-9
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We were part of US Airways and as of January 1, 2005 we went on our own and were classified as terminated by US Airways. All our I-9's are in US Airways files. I was told that I would have to have all new I-9s filled out. I do have copies of the vertifications that US Airways used, but most of the driver licenses have expired. Do I need to get current vertifications or can I use the verification that was used at the orginial hire date with US Airways?
Thanks!
Thanks!
Comments
If I acquire a business, can I rely on the I-9s completed by the previous owner/employer?
The answer is YES, however, you also accept full responsibility and liability for all I-9s completed by the previous employer relating to individuals who are continuing in their employment (jobs).
That being said, US AIRWAYS should provide you with the original I-9s and any copy of submitted documents.
Your post led me to believe that you have copies of the I-9, that being the case, I would keep the copies and have all employees redo the I-9s and and present new documents as proof of their right to work. You do not want to be responsible for someone's dirty/trash work. With new documents and new verifications your new organization will feel safe in employing those authorized to work in your company and our country.
Make the project as painless as you can, but do it and have fresh I-9s. Should you find a mis-match in data and documents, I would proceed as a new employer with a new TAX-ID (which you are) and the employee should be considered for I-9 purposes a new hire.
I hope this helps, if it does not then contact the local state INS office.
Pork
Thanks,
Patty
Based on your thoughts and writings Don, of my abilities and professional HR actions, assume you have a PORK as the HR of the old company. I think you would choose to go the new I-9 route. Not knowing any of the players, I would feel much more comfortable, if I knew that Mr. Don was the US AIRWAY's HR in stead of Mr. PORK! After all Mr. Don knows most about everything, and he is a trustworthy sole; his I-9 program was/is flawless.
PORK
I still recommend going new across the board.
Employers complete I-9s for one reason; to meet a federally imposed obligation. Well, some of us are on a mission to cleanse the country of illegals. But, most do it because it's required. It is not, however, required that in the circumstance given, you call everybody back in and hassle them through document production.
Now that you and I have presented both sides of the argument, I don't intend to argue the sensibilities or the nonsense of it. The poster may choose either route.
(edit) The original question included a reference to a drivers license expiring. Remember that a drivers license expiration date does not trigger a need to recertify the I-9. Once is sufficient.
Patty
PORK