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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 38879
Experience:  Retired (mostly)
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I am an individual who has had a foreign housekeeper 10

Customer Question

I am an individual who has had a foreign housekeeper for last 10 mons. She has a valid passport and lives with her daughter who is legal in US. My accountant thought she had
the appropriate documents for employee status but when we went to print a W-2, we realized she did not have an I-9 number. She appears to not be legal. She and her husband supposedly have a way to report their income and pay taxes (he works fulltime for a company) so I gave her a letter stating how much she was paid in 2015. She is a very fine person, good worker, and great with my house and dogs. Is there anyway I can keep using her fulltime and what are the risks for me as an individual?
Submitted: 1 year ago.
Category: Employment Law
Expert:  socrateaser replied 1 year ago.

Hello,

If the worker has no employment authorization, then she is working unlawfully, and your employment of her is a criminal violation of federal law. Naturally, it's pretty common for people to employ undocumented aliens as domestic workers -- and the federal government (at least as long as President Obama remains in office) is not going door to door looking for illegal workers.

There's no trick to you continuing to pay her. But, if you get caught, the fines can be stiff. The biggest risk is that the worker is injured at your home, and then sues you for negligence/premises liability, because you do not have workers compensation insurance coverage. If you want to avoid this risk, then talk to your homeowners insurance agent and see if you're covered. Otherwise, the risk could be a lot bigger than anything that the government may impose.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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