What Happens When An Employee Admits I-9 Documents Were Fraudulent

Maria del Carmen Ramos
Maria del Carmen Ramos

On January 8, 2015, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for guidance.  The TAL primarily serves to provide guidance on how to address the instance where an employee admitted after the fact that the documents presented during the Form I-9 process were not genuine and whether the employer would face any liability for discrimination if it chose to terminate the employee. Continue reading “What Happens When An Employee Admits I-9 Documents Were Fraudulent”

Keeping Up with the Times: Solving the I-9 Conundrum for Remote Employees

Maria del Carmen Ramos
Maria del Carmen Ramos

The impact that technology has on our everyday life is impressive. It touches us at work, home, and even while we’re on the road. And while technology has its disadvantages (you are always “on”), it also has its advantages: for instance, it gives employees the ability to telecommute. Every day, more and more companies offer their employees the option to telecommute from home. In some instances, companies even hire individuals who live in a different state from where the employer is located. While allowing employees to telecommute from different states can be a great benefit for the employee (and the employer), it can create a nightmare for HR administrators trying to complete employment paperwork, such as the Form I-9, Employment Eligibility Verification.Under the Immigration Reform and Control Act of 1986, employers are required to complete a Form I-9 for each new employee. Continue reading “Keeping Up with the Times: Solving the I-9 Conundrum for Remote Employees”