Rules for the Verification of Employment
An employer has the right to verify the identity and background of all his employees. This process is known as employment verification and generally occurs during the hiring state. Provisions apply to employers when verifying employment, to prevent discrimination, violation of employee's privacy rights and other issues. All employers must verify that their employees are legally authorized to work in the United States.
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Employment Applications
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An employer has rules and laws about what she can ask an employee on an employment application. For instance, an employer cannot legally ask a person where he is from. This can be an optional question, but the employee does not have to answer the question if he does not wish. However, the employer can ask the employee if he is authorized to work in the United States. This allows the employer to verify that the employee is a U.S. citizen or resident alien.
Form I-9
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A form I-9 is an employment verification form that must be filled out by all employees who work in the United States. The form I-9 must be kept on file by the employer for at least three years, or one year after employment ends, whichever is longer. The purpose of the form I-9 is to document that each employee, citizen or non-citizen, who is hired after Nov. 6, 1986, is legally authorized to work in the United States.
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Accepted Identification Documents
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Rules require an employer to submit identification of employment eligibility. There are different types of documents an employer can legally accept for identification verification. A valid state driver's license, a valid U.S. passport, temporary resident card, alien registration card, employment authorized documentation or foreign passport with temporary I-551 stamp. Other forms of acceptable documentation include Social Security cards, U.S. citizen identification cards, Native American tribal cards, form I-94 and original or certified copy of a birth certificate. The only photocopied document accepted is a certified copy of a birth certificate.
Avoiding Discrimination
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When an employer is requesting verification of employment amongst applicants and employees, an employer may not discriminate. An employer cannot ask for verification from a particular group of employees based on the national origin of the employees. The Immigration Reform and Control Act prohibits employers from giving preferences to U.S. citizens in hiring or employment opportunities.
Submitting Background Checks
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With some jobs, volunteers, existing employees or applicants are required to submit a background check for employment verification purposes. Not all employers are required to administer background checks to employees, but federal and state law require others, such as nursing home and day care workers, to submit to a background check. For instance, a convicted felon cannot work with children at a day care. Without conducting a background check, the conviction of the employee could go unnoticed.
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