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A.J., Employment Lawyer
Category: Employment Law
Satisfied Customers: 4300
Experience:  Licensed to practice law, I have experience in Employment, Appeals, and Landlord/Tenant Law
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I-9 Audit by ICE yielded long list of employees on a "NOTICE

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I-9 Audit by ICE yielded long list of employees on a "NOTICE OF SUSPECT DOCUMENTS." ICE has been cooperative and allowed us to have time to train new people rather than terminate them immediately. Humane for the employee, helpful for us as an employer.

What can/should we say to potential new employers for references? I've been trained to give minimal input: dates of employment, title MAYBE compensation. Much can be expressed verbally in tone that doesn't come across in writing. What do you recommend?
Hello, and thank you for contacting Just Answer. My name isXXXXX am an employment law professional, and I look forward to answering your question this evening.

Just to clarify, are you asking what you can say to a prospective employer of the employees who were terminated due to improper I9 documenation? I just want to make sure this is, in fact, an employment question and not an immigration question.
Customer: replied 4 years ago.

Good clarification! Some of the employees are likely to find employment before they are terminated and ask for a reference. Others will need to find employment after they are terminated. Both circumstances require a response.

Thank you for the extra information. In either case, a former (or current) employer is not, at least from an employment law perspective, required to provide a prospective or new employer with any particular information. In fact, it is generally better from the employer's perspective to provide as little information as reasonably possible, particularly if that information is negative because there is always the risk of inadvertanly committing defamation (which can happen both negligently or intentionally).

Now, a current or former employer is certainly allowed to provide whatever information it chooses, so long as that information is accurate (Again, the need to avoid defamation is ever present), but many employers choose to provide as little information as is reasonably necessary. Ultimately, the choice is up to the employer, so long as they are aware that any false or misleading information could lead to a claim for defamation.

I hope this helps, and let me know if you require any additional information or need clarification of anything that I have said. Otherwise, please remember to RATE my answer so that I can receive credit for my work.
A.J. and other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

what are the risks/downsides of providing reference information?


I'm just following up with you to make sure that my answer was helpful. Did you have any additional questions?

Let me know,

Customer: replied 4 years ago.

we're in good shape; appreciate your advice. I rated your "good service," so can we close this one now?

Yes, I will close this question.