Friday, October 24, 2008
Many states have passed recent laws mandating that employers process all new employees through the EVerify system, which is government mandated and maintained by the Department of Homeland Security and the Social Security Administration.
The beurocratic red tape surrounding the new mandates are overwhelming at first glance, however, are quite simply created to protect not only the employer from hiring illegal workers, but for employees themselves to be granted the right to prove they are legal and free to work in the US.
However, many employers are finding it difficult to comply with the rules. A person may be run through the EVerify system after they are hired, but must be terminated immediately if they are found to be in violation. If the employer knowingly retains the employee, legal action and penalties against them can be harsh.
That is not the most confusing part. The "Tentative Non-Confirmation" is where it gets sticky. Some employers are rashly terminating the employee and breaking from protocol by doing so. The non-confirmation is just that, unconfirmed status. Perhaps the applicant used a different spelling of their name than what is on file with the SSA and that is what returned.
Employers obligations in these cases are the continue employing the individual until the matter is resolved. Only at the time the employee receives a "Final Non-Confirmation" is it appropriate to terminate.
Employees have rights and EVerify works to help protect both sides of the coin. Used properly, it is the most effective tool available to verify the eligibility of your employees.
Liberty Screening is partnered with Form I9 to provide the service to our customers.