Legal Forum
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Posted: 2002-04-30 11:31
I just started a new position and one of my first assignments is to audit the I-9 records of our workforce (approx. 100 ees). The person in the position before me did not keep very good records. The I-9's from most of our active employees are "missing". If I have everyone complete a new I-9 now, would we likely be fined because the date on the form does not match the date of hire?
Also, what should I do about terminated employees records, who are still within the retention period, with missing or incomplete 1-9s?
Any advice would be helpful!
klazo
Joined: Jan 11, 2002 Posts: 105
Posted: 2002-04-30 13:34
The chances of you having an INS audit is slim and as long as you have shown good intent the chances of fines are even slimmer. If you are sure you don't have the I-9's, have all of your current employees fill out a new form. For terminated employees, you're likely going to have to keep your fingers crossed until the time runs out on those. I doubt you want to contact former employees and open up a real can of worms. Good luck.
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Joined: Dec 20, 2001 Posts: 521
Posted: 2002-05-01 05:32
I agree with the prior response. You should take steps to come into compliance to the extent that you can do so. I would not spend any time dealing with former employees. Be aware that if you have a current employee who cannot produce appropriate documentation, you might be presented with a difficult legal issue. The documentation was required within three days of hire. Your company failed to do so. The statute says that no other information can be demanded. So, be careful. If you are presented with a current employee who cannot produce documentation, consult with legal counsel.
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Posted: 2002-04-30 11:31 
