Employment Screening | Top 6 Form I-9 Compliance Mistake Pt. 2
Employment Screening | 4. Invalid Identifying Documents
In the flutter of activity during hiring, it can be difficult for hiring managers to check that all necessary documents are presented and valid. If an employer fails to obtain the right combination of identifying documents from lists A or lists B and C, then the I-9 documentation will be considered incomplete and the employer becomes subject to fines.
It is a common mistake for hiring managers to request too many or too few documents, which may result in discrimination suits or I-9 violations respectively. Many forms of identification on the lists also have expiration dates, and if an employer fails to obtain current identification, that can also put them out of compliance.
5. Improper Document Maintenance
ICE rules do not require employers to maintain I-9 forms either one year after the date of termination, or three years after the date of hire, whichever is greater. Purging outdated I-9 forms can help businesses to free up storage space and also helps to protect the sensitive information of previous employees. If an employer fails to destroy I-9 forms within the outlined time frame, then that employer will be subject to fines.
Furthermore, if an employer is audited and has not destroyed outdated I-9 documentation, any errors found on those outdated forms will also be subject to fines. It becomes a challenge for many businesses to track hire dates against termination dates and then take on the laborious process of calling up old I-9 documents to be individually destroyed.
6. Lack of Supporting Documentation for E-verify Photo Matching
In 2010, E-Verify introduced photo matching as a way to prevent employees from using false identifying documents. For passports, passport cards, permanent resident cards and employee authorization cards the E-verify system will require employers to compare the document photo with an onscreen photo as an additional security measure.
ICE also mandates that employers maintain a copy of the employee’s photo identification as a supporting I-9 document. Since E-verify photo matching is a new measure, it is likely that a majority of affected employers are not aware of the additional requirement to keep a copy of the photo identification on file. Any employer who fails to maintain a copy of identification as a supporting document will be in violation and subject to fines.
In order to assist with your I-9 compliance responsibilities and avoid potentially hefty fines, employers should consider these six common I-9 documentation mistakes. Even with a good system of checks and balances in place, it is still possible for hiring managers to make these common errors.
One solution for employers to better meet I-9 compliance requirements and avoid common documentation errors is to leverage an electronic I-9 solution. -Hireright
Learn what ESA can do for you! Call 866-830-3724 to discuss employment screening services or complete the form on www.esascreening.com now!