A business leader called regarding an I-9 conundrum. A current employee brought in new documentation with a different name and social security number. Should the employer terminate and rehire the employee? What would you do?
HR Guru Solution
The Immigration Reform and Control Act of 1986 (IRCA) requires that employers not knowingly continue to employ an individual who is not authorized to work in the United States. If the identifying information relied upon for a previous form I-9 and or E-Verify verification has materially changed without reasonable explanation—such as documented legal change of name—then the previous verification should no longer be considered valid. The situation is equivalent to a new employee being hired by the company and a new I-9 or E-Verify would have to be completed.
Many companies have an “integrity” policy and consider this to be falsification of a company document and would terminate the employee. This is a dicey situation and consistent protocol must be followed.