Swapping Out Fake I-9s for the Real Deal

March 10, 2015 – In The News
Corporate Counsel

Robert Whitehill was quoted in the Corporate Counsel article “Swapping Out Fake I-9s for the Real Deal.” Full text can be found in the March 10, 2015, issue, but a synopsis is below.

What happens when your employee says her I-9 immigration documents were fakes—and now she has real ones? “This happens with some frequency, and as Deferred Action becomes more prevalent, it will likely occur even more,” Robert Whitehill noted.

According to a recent letter from the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices, termination of employment is not required. Instead, the employer should complete the new I-9, write the original hire date in Section 2 and attach the new I-9 to the previous one submitted by the employee.

“So long as the employer does not reject valid work authorization documentation or terminate employees because of their citizenship, the employer is not likely to be violating the federal anti-discrimination laws,” Whitehill says.