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We recently were by HIS to submit all of our company I-9…

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We recently were by...

We recently were by HIS to submit all of our company I-9 information for review. We were pretty much assured it was to make sure we are keeping accurate records. My position has always been that Moncrieff requires the appropriate documentation from all applicants. Apparently the accuracy of our company records was a benefit to them. I have never questioned or allowed anyone in MCI to question the authenticity of I.D’s (unless clearly fake). I was told by a lawyer that I could be prosecuted for discrimination if I questioned authenticity and yet the parameters of e verify had proved to be inaccurate. We have also let employees go if anything surfaced to us that they were here illegally. I received a ‘Notice of Suspect Documents’ by certified mail that 205 past or present employees documentation is in question. I have been in business for 26 years and have employees on this documentation that own homes and have established families in WA state. This will gut our Company and leaves us financially exposed on 9+ million just on current contracts
I have never been audited in 26 years by either the IRS or HIS and always play within the rules. I have always preached and lived that we do everything with full transparency. Now I think our own level of accurate record keeping has just cut my own throat. I can’t be the only one this is happening to. Kind of lost here, thought I was playing by the rules.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Washington State

Lawyer's Assistant: Have you talked to a lawyer yet?

No maam, just happened today

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No maam

Submitted: 8 months ago.Category: Employment Law
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Answered in 7 hours by:
9/23/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,398
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Employment Lawyer: Law Educator, Esq., Attorney replied 8 months ago

First off, just because Homeland Security finds documents suspect does not mean you are liable. You are not document forgery experts and no employer is. An employer is to accept any legitimate looking document that is from the list of acceptable documents. It is not for the employer to judge those documents, but to submit them and for the experts at Homeland to decide.

In order for them to penalize you, they have to prove the documents were obviously fake or fraudulent to the ordinary person. However, if you accepted documents and submitted your eVerify as required there is a better chance that they will take no action against you other than investigate the employees and documents. If you had no knowledge the documents were fraudulent they will not hold you liable. However, in dealing the Homeland, you should hire a local attorney to represent you as you would knowingly have to have submitted false documents to be liable.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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