If you’ve hired new employees recently, you know the hassle that sometimes accompanies the requirement for employees to bring their appropriate documentation (within three days of being hired) to complete Form I-9. But what do you do when an employee comes to you with new documentation and says the previous ID used was fake?
According to guidance provided to employers in a letter dated Jan 8, 2015 from the Department of Justice of Special Counsel, you should simply have the employee complete a new Form I-9 with the new documentation and include a written explanation. Your duty as an employer is to simply confirm that the employee’s documentation appears to be genuine, not to be a certified expert. Don’t ask any questions and don’t pursue further, as that may lead to a lawsuit for national origin discrimination, citizen status discrimination, or unfair documentary practices.
“What you don’t know can’t hurt you” never sounded so good. For more information, please contact our HR team.