- Not processing Form I-9 timely or at all! - You only have 3 days from the date of hire to verify the employees eligibility to work. Even if the new hire only works 2 days you must still have verified their employment and have a complete and accurate Form I-9 on file.
- Asking the applicant if they're eligible to work! - You never ask this question. You simply administer the Form I-9, provide the list of acceptable documents and explain that you need either an item for Column A or 1 item in both Column B & C. If they cannot provide any of the acceptable documents then you simply state "I'm sorry but we are required to verify whether or not your eligible for employment. If you're unable to produce documents outlined in the Form I-9 then we cannot employ you."
- Not keeping records for the required time period! - Form I-9 must be retained either three years after the date of hire, or one year after the date employment is terminated, whichever is later.
- Re-verifying all employees eligibility to work annually! - You can only re-verify I-9 forms for employees with expiring work authorization. You do not re-verify driver's licenses, U.S. passports or permanent resident cards or you would be considered non-compliant.
- Failing to make a good faith effort in complying with I-9! - Take this seriously. Don't be comfortable with feeling as if your somewhat compliant or compliant enough. Designate a point person who ensures all "t"s have been crossed and all "i"s have been dotted. You will always be happy that you made than effort.
Be proactive! Audit your own practices and document all of your efforts. Documentation is key.
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