What are my rights as an employee during anI-9 re-verification?

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What are my rights as an employee during anI-9 re-verification?

My employer is re-verifying I-9 forms by asking current employees to present their green cards, driver’s licenses, SS cards, etc. Do we have to comply with these requests if the audit is not mandated by a government agency since we are “continuing employees”?

Asked on December 21, 2011 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under Homeland Security directives, your employer is required to update and re-verify all employees' status as being legally in this country. As a condition of re-verifying the needed information as to each employee, each employee is required to provide the employer all needed information consisting of, but not limited to copies of passports, diver's licenses, birth certificates, social security cards and green cards.

Fialure to provide this information could subject the employer to severe penalties and could very well result in legal justification for the employer to terminate employees who fail to cooperate in providing the requested documentation.

I recommend that you comply with the request. Your rights are to not comply and risk being terminated or comply and keep your job.


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