Compliments of The Monty Law Firm
Jacob M. "Jake" Monty, Jake is the senior and founding shareholder
of the Firm. He is Board Certified in Labor and Employment Law
by the Texas Board of Legal Specialization. Mr. Monty sits on
the INS Roundtable of the District Director of the Houston office
and is outside counsel to the Mexican Consulate in Houston on
labor issues.
In 1994, Disneyland paid a fine of $260,000 to INS,
mainly for failing to properly fill out Form I-9.
MAINTAINING FORM I-9
In order to assist employers in adhering to record-keeping
provisions of the Immigration Reform and Control Act ("IRCA"), the
INS developed and distributed the Form I-9. The IRCA requires that
employers
· verify that at the time of hiring all new employees
are either United States citizens or otherwise eligible for employment
and
· make Form I-9 available for government inspection
after gathering and recording employment eligibility.
Failure to comply with these requirements can result
in stiff penalties. Even after a company is cited with a violation,
the company has a continued obligation to maintain the requisite
paperwork.
Employers run the risk of violating the IRCA when
· an employee does not sign Section One;
· the employer continues to employ an alien without
verifying his or her employment eligibility after the expiration
for employment eligibility listed by the alien in Section One of
Form I-9;
· the employer has information available to it that
would demonstrate that the alien is not authorized to work; and
· the employer using contracted workers with a "reckless
and want in disregard" for whether the contractor hires unauthorized
workers.
One way to ensure compliance with the I-9 requirement
is to conduct a self-evaluative audit of the I-9s for all its employees.
MISMATCHED AND INACCURATE SOCIAL
SECURITY NUMBERS
Employers have a tendency to overreact when they receive
a notice from the regarding a mismatched social security number.
Most of the time the mismatch is only a clerical error, so do not
overreact when you receive them. However, you should still be cautious
in providing the IRS with accurate social security numbers.
Not only will an employee's social security record
not be credited, but also the employer and employee could face fines.
The IRS may charge an employer a $50.00 penalty for each time it
does not furnish an employee's correct Social Security Number on
a wage report. An employee may also be charged $50.00 for each time
the employee does not furnish a correct number to an employer.
Un-issued Social Security Numbers
For employees that have un-issued Social Security
numbers, they should be advised that they have seven days to bring
evidence of a valid Social Security number. Otherwise, an employer
will have no other alternative but to discharge the employee.
Mismatched Social Security Numbers
For employees that have mismatched social security
numbers, employers should give them notice advising them of the
importance of a valid and accurate Social Security number. They
should be encouraged to address any discrepancies or other known
mismatches they are aware of.
One thing to remember is to not overreact when you
receive a notice for a mismatched social security number. What is
important is for you to maintain good I-9 forms. Doing this will
keep you out of the newspapers and keep you from having to pay stiff
penalties.
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