Arizona Notice to Employees Who Haven't Produced Identity and Employment Verification Documents
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FAQ
Do we have to pay an employee who terminated employment before completing Form I-9? Yes. An incomplete I-9 form does not affect an employer's ability or obligation to pay an employee. The I-9 form is used to verify eligibility to work in the U.S. and does not affect payroll.
Unless an employer is a federal contractor with a federal contract containing the FAR E-Verify clause, it cannot use E-Verify for existing employees. Employers should not go back and create a case for any employee hired during the time its account was inactive and there was deliberate non-use of E-Verify.
Failure to comply with I-9 verification and document retention requirements could result in a penalty. Most recently, the minimum penalty for a first offense is $252 per I-9; the maximum penalty is $2,507 per I-9 for a first offense.
Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay). For example, if your employee began work for pay on Monday, you must complete Section 2 by Thursday of that week.
If the new hire does not present acceptable identification documents by the end of three business days after the first day of work for pay, you may terminate the employee for failing to complete the I-9 form.
Verify is an electronic employment verification program through which employers may confirm the work eligibility of their employees to work in the United States. Although Verify started as a voluntary program, except for federal contractors, it has become mandatory for many employers in several states.
A. If an employee is unable to present the required document or documents within 3 business days of the date employment begins, the employee must produce a receipt showing that he or she has applied for the document. In addition, the employee must present the actual document to you within 90 days of the hire.
California. Passed in 2016, Assembly Bill 622 forbids employers to unlawfully use the E-Verify program with penalties per violation set at $10,000.
Most California employers are not required to use E-Verify. In 2012, it became unlawful in California for the state or a city, county, or special district to require an employer to use an electronic employment verification system, such as E-Verify.
