The US Department of Labor requires all employers to verify individuals are legal to work. Part of the verification process is the completion of an I-9 form prior to starting work. The process is relatively simple.
1. The employee attests in writing, to their eligibility to work.
2. The employee provides the verification documents required to the employer.
3. The employer must review the documents provided, record the information and certify that the documents appear to be genuine and that the new hire is eligible to work.
If the new hire cannot provide the required documents, they are simply not eligible to work in the United States. Some employers have attempted to pay ,any individuals that cannot provide the requirement documents, on 1099’s. This is not legal and can result in the cancellation of your workers’ compensation policy along with civil penalties and imprisonment. Not eligible to work means just that -not eligible to work in any form or fashion. You will need to seek another potential new hire.
If you currently do not utilize the I-9 as part of your new hire package, please start including it immediately. Here is a link to the form: Click here:
Please go to the WCA Learning Center to find a link to the USCIS I-9 Handbook for Employers for a more complete explanation. Click here:
Additional Resources:
E-Verify: Click here:
If you have questions on any of the information in this article, please don’t hesitate to call us at (561) 500-FLWC (3592).
This is one of the many services provided by Work Comp Associates, Inc.