Employment Law

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I am a restaurant manager and i have been around this

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Hello! My name is*****...

Hello! My name is***** am a restaurant manager and i have been around this industry as a manager for the last 2 years. I believe my self that i do not know or have the 100% required skills required but i always try my best. So basically the story is that i \just hired an employee and as it turns out he claims that he does not have any papers or anything ti claim his identity and he isnt also an american citizen. SO my business NEEDS that person for the restaurant to run properly and follow our county's hygiene standards what am i suppose to do? Fire him and find someone that does have the proper documents required to work in the state of NY?

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

New York

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

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

Yes i had the same problem previously and i had to let go some and replace them BUT always someone would quit most of the times with no warning and then i will have to find someone else. Well the labor department does not agree or even CARE about that kind of situation and has no helped us AT ALL even when we had an issue with them we got charged by the Labor department for a huge amount of money that we had actually PAID already, but they claimed that we "did not pay them the proper way" im talking for around 60k

Submitted: 8 months ago.Category: Employment Law
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Answered in 21 minutes by:
9/25/2017
Employment Lawyer: lawyerJ, Lawyer replied 8 months ago
lawyerJ
lawyerJ, Lawyer
Category: Employment Law
Satisfied Customers: 177
Experience: Attorney
Verified

Hi there. My name is ***** ***** I'm a licensed attorney. I'm reviewing your question and will respond shortly. Please note, all information is provided for educational purposes only.

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Employment Lawyer: lawyerJ, Lawyer replied 8 months ago

So the issue here is your knowledge that the person in question doesn't have the proper papers and isn't an American citizen.

Employers are required to confirm the work authorization of every new hire at the time of hire, using Form I-9 for the purpose. You are not, however, expected to be an expert on the documents that establish work authorization.

If any information comes your way, subsequent to hire, that suggests a worker may not be authorized to work in the U.S., you should look into it. The reason for this is that employers can be held liable not only for actual knowledge of a worker’s undocumented status, but also for “constructive knowledge” – that is, basically, for having reason to know.

If you continue to allow this person to work for your restaurant, with actual or constructive knowledge that they do not have the proper authorization to work in New York, you're subjecting your restaurant to civil and criminal penalties for hiring undocumented workers.

Your best way to protect your business, tough as it is, is to only hire people who have the proper authorization to work in NY. For future hiring reference, you can also consider independent contractors. You are not obliged to confirm the work authorization of anyone you hire as an independent contractor. If, however, you know or have reason to know that an independent contractor is not authorized to work in the U.S., you can nevertheless be held liable.

If I've fully answered your question, I'd appreciate a five-star rating. If not, please let me know how else I can assist you.

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