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I'm a US citizen who was born at home 2/21/1958. I do not…

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I'm a US citizen...

I'm a US citizen who was born at home 2/21/1958. I do not have a birth certificate. Randstad is running a job posting for JP Morgan/Chase. I spoke with the recruiter who stated I wouldn't be able to pass the background check as JP Morgan/Chase was requiring a birth certificate or passport for a background check. In other words, they would only accept documents from the I-9 A list. Can they do this?

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

Arizona

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

Full time through a temp agency. I've lived and worked in Arizona since 1969 and have NEVER been told this. Want to file complaint with EEO.

Submitted: 9 months ago.Category: Employment Law
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Answered in 17 minutes by:
11/7/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 9 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,758
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.

By law they must only accept forms of ID specified in the I-9 requirements. So, yes they can do that. If you are a US Citizen who was born at home, you can file to obtain a birth certificate by going to the vital records office in the county where you reside and they will get you the documentation you will need to fill out to get the documentation required.

It is not grounds for an EEO or any lawsuit, because the employer is supposed to comply with I-9 e-verification rules and it is employers who do not comply that are in violation.

You need to fill out the documents and get the birth record filed with AZ Vital Records and if they refuse or you cannot provide proof they required, THEN you can file suit in court for a declaratory judgment which is a court order stating you provided sufficient proof of your birth and citizenship to the court that the court orders Vital Records to issue the birth registration certification.

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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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