Employment eligibility

kkoehler · December 2005

One of my branch managers has just hired someone from another country. This person has been in the US since she was 14 and has held jobs here in North Carolina. When I was going over her employment file with her I told her I needed a copy of her social security card. She only has a tax ID number. Does this mean she is or is not eligible to work? What other information do I need to have? Thanks for any help you can offer.

Crout · December 2005

There are a couple of things here. One: you can't require an applicant to furnish a copy of a Social Security Card as a condition of employment. What you CAN do is inform the applicant that he/she has 72 hours to produce adequate documentation as required by the I-9 form. If the applicant can't produce the documentation you have to let him go. I'm assuming that you do I-9's on new employees, correct?

pork1 · December 2005

I concur; the document is not to be accepted as an official document and identification for the purposes of completing the I-9 form which is required. Being in this country for 14 years does not necessarily make thenm ready for employment.

PORK

jitrbug · December 2005

Ditto on the two above. MAKE SURE she can show proof that she has eligiblity to work in this country. The list of documents you can accept for this proof are listed on the back of the I-9 form.
Check them carefully, I've seen some very good fake documents.

kkoehler · December 2005

Yes. I do require I9's. She gave me a tax ID# but then informed me that it was expired. What now? She did say that she is suppose to receive a social security card sometime in 2006.

Crout · December 2005

It's a fine line you have to tread. It is against the law to use the I-9 requirements as a barrier to employment, BUT if she cannot furnish adequate documentation AFTER YOU HIRE HER you have to let her go after 72 hours, or be in violation of the law. Crazy, huh?

kkoehler · December 2005

What are the ramifications if you hire someone that gives you fake employment eligibility?

Crout · December 2005

The ramifications to whom? The company? Or you personally? You have to make a good faith effort to abide by the law. For example, if someone walks in for their first day of employment with a faxed copy of their Social Security Card and presents that as part of the I-9 requirement, your obligation is to inform that brand new employee that you cannot accept it. You then give that person the I-9 list and inform him that he has 72 hours to come up with adequate documentation or face termination.

Gillian3 · December 2005

Ramifications? The law states that companies can be fined for hiring undocumented workers and jail time is a possibility as well. In reality, no one has gone to jail and the government fined three employers in 2004. Don't go by that, though, enforcement is going to increase since politics will dictate that it will.

Employment eligibility

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