What Is Employee Documentation?

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What Is Employee Documentation?

Employee documentation refers to an employer’s responsibility to ensure that all workers that they hire are fully eligible to work under U.S. federal and state laws. In employment law terms, this usually refers to the hiring of non-citizen workers who are in the country permanently under a temporary visa. Non-citizens are generally allowed to work in the country so long as they have a valid work visa.

Employers are bound by law to check to ensure that their workers supply certification documents such as:

Employers generally submit these forms electronically through the E-Verify system, which provides prompt feedback regarding a worker’s documentation status.

What Are Some Penalties for Hiring Undocumented Workers?

Penalties for hiring illegal immigrants can often be very severe for employers. These can include such consequences as:

Thus, it’s important for employers to follow standards when it comes to employee documentation. For employees, consequences may include a loss of immigration privileges (such as the chance to apply for citizenship or adjustment of status). Also, an undocumented worker may face removal from the country for working in an illegal manner.

How Can I Avoid Employee Documentation Violations?

For employers, the most important thing to do is to comply with the Form I-9 submission process. This electronic system helps provide a good understanding of whether or not an employee is eligible for work in the United States. Employers should also familiarize themselves with the various documents such as birth certificates, passports, and social security cards. This will help enable them to spot "fakes" or fraudulent documents.

For employees, it is important to comply fully with the requests of a future employer when applying for a job. Be sure to provide the necessary documents that are being requested of you; a failure to do so can raise suspicion regarding your status.

Do I Need a Lawyer for Help with Employee Documentation?

 Employee documentation is an important aspect of running any type of business. It’s important to understand how documentation requirements may affect your organization. You may wish to hire a lawyer if you need help with the employment laws in your area, or if you need legal representation for any matters. Your lawyer will be able to provide you with legal advice and guidance that is required during any type of employment lawsuit.

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Last Modified: 03-31-2014 04:34 PM PDT

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