Comments on: More I-9 audits, big fines: What HR needs to do now

By: Melba J

Melba J — Sat, 13 Feb 2010 22:07:32 +0000

I recently took over the HR dept. The company just introduce Everify. I recently hired a few workers and recieved a Tentative Non Confirmation. They have not started working for us, does this mean I still have to keep their I-9 and letter with the rest of my I-9’s? Also for those who are working, and the required days have passed and they have not brought me documentation that they clear the T.Non confirmation, what steps should I take

By: Harold

Harold — Fri, 04 Dec 2009 20:13:42 +0000

Sorry, Sherry – do the I-9’s from beginning to end new on those employees that have incomplete I-9’s. Clearly explain the reason, and thank them for their cooperation. Make them bring in proper documentation from the current listing on the I-9, since it may have changed since they were first hired.

If you find you have illegals on staff – call legal counsel quickly.

By: Sherry

Sherry — Fri, 04 Dec 2009 16:28:29 +0000

Thanks Harold for your reply. I’m not sure I quite understand “but should do the I-9’s correctly with the documentation from each of those affected”. Do you mean to only complete Section 2 – but not the Certification? Thanks again.

By: Harold

Harold — Fri, 04 Dec 2009 15:44:27 +0000

Sherry,

I would recommend you NOT sign the forms, but should do the I-9’s correctly with the documentation from each of those affected. Do sign off on these forms will get you in legal trouble personally.

Keep your I-9’s separate. In their on-line handbook, it clearly explains how you should maintain the files, and gives you options on supporting document copies.

By: Sherry

Sherry — Fri, 04 Dec 2009 15:23:42 +0000

I have a question about incomplete I-9s. I was recently hired as HR manager for a small company (80 employees). I have discovered many I-9s in personnel files that are incomplete. When I say incomplete, I mean that the employee completed their portion of the I-9 but a company representative did not complete or sign and date the employer portion of the document. I want to correct this problem but I am not sure how to go about it. The form requires the employer representative to attest that employee began work on certain date and then to sign and date the document. If I complete the documents now with my signature and present date, would that be acceptable? I have also noticed that some I-9s used were not the most current form of the document. I know that fines can be as high as $1000 per document for infractions. Can someone advise as to the best way to handle this situation? Also – do you agree that the best practice is to maintain I-9s separate from the main personnel files? Thanks so much!

By: DMHR

DMHR — Thu, 03 Dec 2009 15:47:10 +0000

This may be a silly question but it’s always confused me…Each time that an employee renews his/her Drivers license, do I need to update the I-9 or is it ok to keep the original one on file as long as it was valid at the time of hire?

By: Harold

Harold — Tue, 01 Dec 2009 14:10:58 +0000

If you go to their website reviw the I-9 Handbook – actually a well written document. As for copies of supporting documentation, this comes from the handbook. :

Retaining Copies of Form I-9 Documentation
You may choose to copy or scan documents presented by an employee, which you must retain with his or her Form I-9. Even if you retain copies of documentation, you are still required to fully complete Section 2 of Form I-9. If you choose to retain copies of employee documentation, you must do so for all employees, regardless of national origin or citizenship status, or you may be in violation of anti-discrimination laws.

By: Michele HR

Michele HR — Mon, 30 Nov 2009 20:27:40 +0000

Ahhh…. my example was too simplified because year three is a bit more difficult. For year three you need to look at the hire date and add three years then look at the termination date and add one year. At that point the later date would be the discard date. I guess that is the best way to handle this whole mess!

Boy what a crazy concept!

By: Michele HR

Michele HR — Mon, 30 Nov 2009 20:20:17 +0000

Dar,

Yes, if the 1995 employees are still employed you need to maintain the I-9 for one year after termination (which is a later date than 3 years after date of hire or in your case 1998).

Just look at it this way…if an employee terminates before they have been with you three years, you have to keep the form for three years after date of hire. If they stay three or more years, you need to hold them for one year after the date of termination.

By: Dar

Dar — Mon, 30 Nov 2009 18:57:41 +0000

I’m confused, if we currently have employees on staff who’ve been employed since as early as 1995, do we still need to keep their I-9’s on file? Obviously much longer than 3 years! And yes, I still have their I-9s!!!