Staffing Buyers Can’t See Contingents’ I-9s; Don’t Ask for Them

May 6, 2015 – In The News
Staffing Industry Analysts

Diane Geller was quoted in the Staffing Industry Analysts article, “Staffing Buyers Can’t See Contingents’ I-9s; Don’t Ask for Them.” Full text can be found in the May 6, 2015, issue, but a synopsis is below.

At a recent presentation during the American Staffing Association’s Staffing Law Conference, staffing firm executives were warned against forwarding I-9s. According to the law, I-9s—a document that verifies an employee’s ability to work in the U.S.—can only legally be shared with government agencies.

These documents should not be released to staffing buyers in any form, including proof of employment in the form of e-Verify documentation.

However, requests for I-9s, drug tests and background checks are still prevalent in the staffing industry, Diane Geller believes.

According to Geller, staffing firms are allowed to prove that their workers are legally certified to work without providing the I-9 or e-Verify proof, and background checks and drug tests can, and often are, sent as well.

After knowingly using a contractor that recruited illegal workers, a large retail corporation paid more than $10 million in a settlement 10 years ago.

Geller said that a consent decree in the case urged the large retail corporation to create a program to ensure that the contractors they use are taking the proper steps to coincide with the law, to verify that their currently employees are legally certified to work and to fully comply with the law concerning the employment of illegal aliens.