Matt Worley, Esq.
The federal I-9 form is one of
the most recognizable forms for employers and employees. Generally, anyone who has ever been employed
has likely filled out this form during the hiring process. However, it is very commonly filled out
incorrectly. Many employers aren’t aware
of this form’s importance and thus don’t properly train their HR personnel to
ensure it is properly completed.
Unfortunately, if employers knew of
the stiff penalties for non-compliance, they would likely change their
procedures. Fines can range anywhere
from several hundred to several thousand dollars per violation.
The purpose of the I-9 form is to
document that the employer verified the identity and employment authorization
of new hires. It ensures that, for
instance, employers are verifying that their new hires are in the United States
legally and eligible for employment.
The form has two main sections –
Section 1, which must be completed by the new employee. Section 2, however, must be completed by the
employer after the employer has viewed certain identifying documents of the
employee. It is a good business practice
to not only view and properly fill out this information on the I-9 form, but
also to photocopy the documents as well.
Generally, these include viewing the new employee’s driver’s license and
social security card, but other documents can be used as well.
The Department
of Homeland Security can (and does) audit employers to ensure that they are
complying with the requirements. The
result of non-compliance can be hefty fines and fees or, in the event of purposeful
violations, even criminal charges.
If you have questions about the
employer requirements regarding I-9 or other required forms, or would like to
develop a self-audit program, contact the team of legal experts at Fausone
Bohn, LLP. Our attorneys can help you
with this and any other employment or business law questions you may have. Contact us at 248-380-0000 or online at www.fb-firm.com.
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