No I-9 Documents after 3 days. Now what?


3

I know the I-9 document states that the form must be completed in 3 business days of the employee's first day of work. If the employee says they'll provide documentation, but after three days have not provided it, what should be done?

Should they be put on hold and not be able to work until they get the documents in? What if they never turn them in? Legally, they still have to be paid for those 3 days.

Employees USA Legal Documents

asked Jul 12 '13 at 03:46
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Captain Crypto
16 points
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1 Answer


1

Should they be put on hold and not be able to work until they get the
documents in? What if they never turn them in? Legally, they still
have to be paid for those 3 days.

This is up to you. The I-9 requirements are for the employer, you're not allowed to have employees who don't fill it - but employees are not responsible. You are. If you decide to take the risk (IIRC at least $330 penalty, may be much more if he's in fact illegal, including criminal charges against you ) - that's your problem. You are the one breaking the law, not the employee.

I suggest you talk to an attorney, and warn the employee that you cannot legally employ him unless all the docs are provided.

From my experience, HR usually requires all the docs to be brought on the first day, in the companies I've worked at. They wouldn't let me start without. You should do the same.

answered Jul 12 '13 at 05:59
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Littleadv
5,090 points

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Employees USA Legal Documents