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

UPDATED: Dec 21, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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