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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102371
Experience:  Years of experience in running a medium sized law firm.
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As an employer, how much time do I have AFTER hiring an employee

Customer Question

As an employer, how much time do I have AFTER hiring an employee (waiter in a restaurant) but before verifying their legal status to work in the U.S. (Washington, D.C.) before I could get in trouble?
Aside from possibly hiring someone who isn't legally able to work in the U.S., what other issues should I know/consider about verifying legal status?
Thank you!
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
The I-9 should be completed and signed within three business days of the date of hire of the employee their employee (the hire date means the first day of work for pay.
Generally, filing the I-9 is what the employer supposed to do - this is what the employer should know. To see more about verifying legal status and I-9, as well as common mistakes made and how to avoid them - see here.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 2 years ago.

Thank you for replying. What happens if the I-9 is not completed within three business days of date of hire? Can an employer be held liable for anything if this type of matter isn't handled correctly (aside, again, from the legal status of an employee)?

Expert:  Ely replied 2 years ago.
You are most welcome.
See here for penalties. The employer can indeed be penalized for not executing the I-9. NOTE that the I-9 can be done online - see here.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.