Each
time there is a new hire, an I-9 form must be completed. The new
employee must complete Section 1 on or before the first day he
starts. Many companies have the new hire complete the I-9 before
his first day of work when he is completing other paperwork normally
completed. It seems the most prudent path to treat all new employees
the same; require them to complete the I-9 before commencing employment.
This will assist in the prevention of a discrimination suit.
Once the new employee completes section 1, the company representative,
usually the HR department completes section 2. In section 2 the
employer established that the new employee is authorized to work.
Many types of documentation can be used to establish authorization
to work. They are listed in the back of the I-9. Employers cannot
require the new hire to bring any specific document; such as a
Green card. Some people provide a passport; many provide a driver’s
license and social security card. The employer and/or HR staff
should familiarize themselves with the types of documents listed
on the back of the I-9 form so that they may be able accurately
determine which documents are acceptable.
After the I-9 employment eligibility form is completed, it should
be reviewed and filed away in a separate I-9 file; separate from
the employee’s personnel file. If the new employee has temporary
work authorization, the date should be tracked. As a specific
period, e.g. one year, the I-9 file should be reviewed. Terminated
employees should have their I-9 forms pulled and placed in a terminated
I-9 file. It is required that I-9's for terminated employees be
kept for three years beyond the start date or one year beyond
the termination date, which is later.
|
