Counsel to Counsel - September 2008 - (Page 16) in the spotlight Navigating the mine Field of employee documentation By Amy I. Stickel emPloymeNt elIGIbIlIty VerIFIcAtIoN: ©iStockphoto.com/Patricia Edel I t’s a scene that has become increasingly common—swarms of feds stage a wellpublicized bust on a meat-packing plant and cart off hundreds of undocumented workers. For example, on May 12, the U.S. Department of Justice and U.S. Immigration and Customs Enforcement (ICE) arrested 389 people at a meat-packing plant in Iowa. Within a matter of days, 297 of those pleaded guilty to federal felony charges; 270 were sentenced to prison and the rest to five years’ probation. Nearly all of them admitted to using false identification or someone else’s Social Security number to obtain employment. “The stakes have been raised,” says Gregory P. Adams, a partner with Dinsmore & Shohl LLP. “These used to be civil proceedings. Now ICE is eager to make criminal cases. ICE is sending a message to employers.” While finding good employees has always been a challenge, it’s becoming increasingly complicated for companies to ensure that their employees have all the necessary documentation and are eligible for employment. At the same time, the price of failing to adequately check on employment verification has never been steeper. Navigating the employment eligibility verification process, including the completion of I-9 forms, can be a mine field, and the legal department must work closely with human resources to ensure companies are taking the appropriate actions to hire only those people who are who they say they are. must also attest that he or she is eligible for employment as a U.S. citizen, a lawful permanent resident or a foreign national with permission to work in the United States. U.S. Citizenship and Immigration Services updated the I-9 form last year, and the types of acceptable documents were amended. The M-274 “Handbook for Employers” that gives guidance on completing the I-9 was updated as well. “The changes to the handbook have been helpful,” says Adams. “It filled in some of the gaps.” The federal government has another program that allows employers to electronically verify employment eligibility. E-Verify is an Internet-based system operated by the U.S. Department of Homeland Security in partnership with the Social Security Administration. E-Verify is free Ins and Outs of Federal Forms Employers must complete an I-9 form for every person they hire; this form requires certain information, including a new hire’s documents that verify identity and employment eligibility. The new hire 16 LexisNexis® Martindale-Hubbell® http://www.iStockphoto.com/P
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