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Forums: Legal Forum
  

Legal Forum
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.

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Workforce Management Community Center Forum Index » » Legal Forum » » I-9 Documentation Practices (answered by EBG)



  
 
Author I-9 Documentation Practices (answered by EBG)
dmozulay


Joined: Sep 13, 2001
Posts: 70
Posted: 2002-06-10 07:51   
It has been our practice to make copies of the documents required for the Form I-9 and attach it to the completed I-9 form. Is it a better idea to just review the documentation for authenticity and not attach an actual copy to the I-9 form? Are there any legal ramifications in attaching copies of this documentation that we may not be aware of?

Reply with quote
nork3


Joined: Feb 12, 2002
Posts: 3876
Posted: 2002-06-10 10:37   
It's been recommended that copies be made and placed in a secure file with the I-9 in the event of audit by INS or OFCC. It's best to keep them in a separate binder and not in the personnel files.

klazo


Joined: Jan 11, 2002
Posts: 105
Posted: 2002-06-10 10:48   
Just make sure you don't discriminate in selecting which employee files you have I-9 support documents copied for. In other words, either have copies of support documents for all employees, or no employees.

uksarge


Joined: Jan 08, 2002
Posts: 380
Posted: 2002-06-10 13:06   
The law only requires that you view the supporting documents and file the I-9, but I don't see a problem with making copies of the documents as long as they are filed securely.

Forum Hosts
Legal Forum Host


Joined: Dec 20, 2001
Posts: 521
Posted: 2002-06-11 06:30   
There are basically two schools of thought on this issue. Let's assume the worst: that one (or more) of your employees gives you a fake document, and that you don't figure it out, but rather accept the document. One view is that you should not copy the documents, because in the event that you are audited, you don't want to give the INS/DOL evidence that the document was clearly fake. The other school of thought is that you should copy it to verify that you inspected the document.
There is no hard and fast "rule" on this, but, of course, you will want to develop a consistent policy. See your legal counsel for advice as to which approach is best suited for your company.


claraayo


Joined: Aug 09, 2004
Posts: 2
Posted: 2004-08-09 19:05   
how can you ask indidual about their work permit after he/she gave you the social security card and the driving license

claraayo


Joined: Aug 09, 2004
Posts: 2
Posted: 2004-08-09 19:06   
[quote]
On 2004-08-09 19:05, claraayo wrote:
how can you ask indidual about their work permit after he/she gave you the social security card and the driving license
[/quote]


klmilligan


Joined: Mar 09, 2005
Posts: 1
Posted: 2005-03-09 09:48   
So if you have been making copies of employees documentats and you want to stop, do you:
1. just stop, make notes of the change in process, or
2. shred all the old supporting documents


CK


Joined: Jul 22, 2002
Posts: 127
Posted: 2005-03-10 13:27   
We've always made copies of the documents and when we were raided and subsequently audited by INS they helped in establishing we were following INS guidelines. We still couldn't tell the documents were fake.

  


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