Illegal Hiring
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ILLEGAL HIRING

New rules issued by the Department of Homeland Security, effective September 14, 2007, employers cannot employ workers who cannot verify their work eligibility.

Undocumented Workers. Under federal law, it is illegal to knowingly employ an undocumented worker or to continue to employ any worker who is not eligible to work in the United States.

No-Match Letters. Workers who provide false social security numbers on their W-2 forms to qualify for a job will result in a mismatch in Social Security Administration records. Under the new crackdown, the Agency is expected to send out "no-match" letters affecting more than eight million workers. NOTE: The 9th Circuit, in Aranmark Facility Services v. Service Employees International Union (June 16, 2008), ruled that no match letters do not automatically put employers on constructive notice that any particular employee is an undocumented worker.

Penalties. Employers who receive a no-match letter will have 90 days to resolve discrepancies. If the discrepancies cannot be resolved, the employee must be fired. Employers who continue to employ workers with mismatching numbers could face criminal prosecution and fines up to $11,000 per worker. NOTE: For now, this provision has been stayed by the courts.

RECOMMENDATION: Employers must check work eligibility for every new hire, not just immigrants. If after completing the Form I-9 the employee’s information cannot be verified, employers must fire the newly hired employee. The Social Security Administration provides a way for employers to verify Social Security numbers online.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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