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Where to file completed I-9 |
olenlarz
Joined: Feb 21, 2002
Posts: 1 |  Posted: 2002-02-21 17:50
Can the completed I-9 form be kept in personnel files? or must they be kept separate?
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uksarge
Joined: Jan 08, 2002
Posts: 380 | Posted: 2002-02-21 23:58
I don't know of any reason why it can't go in the personnel folder. INS requires that the employer file the form, but nowhere have I ever seen any requirement to file separately.
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trunnion
Joined: Sep 13, 2001
Posts: 252 | Posted: 2002-02-22 04:54
I have always been told to keep them separate from the personnel files just like the employment data records. That way no one can claim any type of discriminatory practices.
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Forum Hosts
Legal Forum Host
Joined: Dec 20, 2001
Posts: 521 | Posted: 2002-02-22 05:06
I recommend that the forms be kept in a separate folder or file. I actually use a three-ring binder. The binder is divided into four (or five, see below) sections. Section 1: Current employees' I-9 forms. Section 2: I-9 Forms for those who separated from the payroll this year. Section 3: I-9 Forms for those who separated from the payroll last year. Section 4: I-9 Forms for those who separated from the payroll two years ago. Section 5: I-9 Forms that expire. At the beginning of the year, go to Section 4 and throw those all away. (The employee would have been separated for more than 3 years when you toss them out.) The move Section 2 to Section 3 and so on. Periodically check Section 5 to make sure they have not expired.
Why separate files? When the INS or Department of Labor conducts an audit, you can give them access to one binder rather than 40000 personnel files. Would save you a bunch of time and leave you with one VERY HAPPY government auditor.
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beegl
Joined: Sep 13, 2001
Posts: 403 | Posted: 2002-02-22 07:20
Plus, if you give an auditor the entire employee file, that presents the auditor with an opportunity to find other things to look at, possibly things that are in violation or certain recordkeeping regs. So, keeping them separate not only makes things easier for the auditor, but it can keep you out of trouble.
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trunnion
Joined: Sep 13, 2001
Posts: 252 | Posted: 2002-02-22 07:23
Forum Hosts: Thanks for the suggestion of the binder. That's a great idea!
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Forum Hosts
Legal Forum Host
Joined: Dec 20, 2001
Posts: 521 | Posted: 2002-02-23 05:04
Anyone who likes the idea and send me a buck. My kids will need to go to college one day!
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rickh6215
Joined: May 12, 2004
Posts: 1 | Posted: 2004-05-12 18:56
Is it not also true that I-9 documentation might contain a photocopy of a driver's license or other document containing the employee's photo, and these should not be placed in the personnel file?
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trunnion
Joined: Sep 13, 2001
Posts: 252 | Posted: 2004-05-13 08:13
I do not copy any of the documentation. I only record the information from the documents the employee provides.
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