Employment Eligibility Verification
What is employment eligibility verification form I-9?The employment eligibility verification form I-9 is a United States Citizenship and Immigration Service form. It is used to verify an employee’s identity and to find out if the employee is able to accept the employment in the United States. Read below where Experts have provided many legal answers regarding employment eligibility verification form I-9.
If a company has lost someone’s I-9 employment eligibility verification form, along with copies of birth certificates, social security cards and driver’s license, by law are they required to provide them with a credit protection or identity protection?It would be possible since it was their job to secure that information. It will also depend on how they lost those copies. If they were destroyed, then they wouldn’t have to provide either a credit protection or identity protection. If the copies were misplaces or stolen, then they would have to provide this protection, and they could request credit reports biannually for up to two years if stolen, and one year if misplaced. If it was the companies’ fault that the information was stolen then the person can pursue them for the actual damages.
What is someone’s rights when being investigated for letting someone one work off the books until they received a work permit?When letting an employee work off book they are at risk for a claim. This can be a serious case because a person commits a federal felony when they:
• Assists an alien who should be known as illegal in the US or who lack employment authorization by transporting, sheltering or assisting them to obtain employment
• Encourage that alien to remain in the United States by referring them to an employer by acting as the employer or agent, or
• Knowingly assists illegal aliens due to personal convictions.
Penalties on convictions include criminal fines, prison time, and forfeit of vehicles and real property used to commit the crime. Anyone who employs an illegal alien without verifying their work status is guilty of a misdemeanor.
If there are no I-9 forms on file in a human resource office, should they get them filled out?Having I-9 forms completed on the employees protects the employer from being in violation of the law. These forms need to be filed on the entire current employees and kept up to date by someone in the Human Resource office. Keeping these files on will protect the employer in abiding by the law.
If a small business has contractors is the company required to complete employment verification and get proof that the contractors are legal to work in the United States?Independent contractors are not subject to the same rules and requirements that an hourly or salary employee would be as far as employment verification. The business would not be responsible for wrong doing if the contractors were illegal immigrants, unless the business continued to use them as contractors knowing they were illegal.
If it is against an employee’s religion to participate in social security insurance, can the employer be made to stop withholding taxes under any employment regulations?There are no rules or regulations that state the employer cannot hold out taxes for social security purposes due to religious beliefs. It is the employers’ right to demand social security numbers from their employees and are mandated to withhold taxes under federal and state laws. However, it is the right of the employee to refuse to share social security information with the employer; as well it is the employer’s rights to terminate the employee under those circumstances since most states practice at will employment.
There are thousands of Experts who have many years of experience in employment laws. Consult an Expert today to provide legal answers pertaining to the employment laws for each state.