While potential workers bear the burden of producing documentation that establishes their eligibility to seek employment, employers also have a role to play. While it is unreasonable to expect employers to be experts in verifying the authenticity of relevant documents, workplaces must make a cursory attempt to verify the information contained on those documents.
For example, an employer should check pictures to match with the applicant, compare birthdates, and check for any authentication marks on the document. A failure to fulfill this obligation is a violation of federal law and carries civil monetary penalties. Even worse, an employer who knowingly employs illegal aliens or any person who does not have authorization to work could face Department of Labor investigations or even criminal charges.
A Wheaton I-9 compliance lawyer could help companies to meet their obligations under the I-9 program. A lawyer could provide guidance in evaluating the authenticity of employee-provided documents as well as to keep a proper filing system in case of an audit. Finally, a lawyer could help companies when the time comes to renew a current worker’s I-9 paperwork.