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I-9 Self-Audits: How To Evaluate Documentation, Correct Errors And Omissions, And Avoid Discrimination Claims

Webinar: ID# 1025103
Recorded On-Demand
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About This Course:
The likelihood of workplace raids by Immigration and Customs Enforcement (ICE) is growing.

By executive order, President Trump has ordered the hiring of 10,000 new immigration officers to crack down on illegal immigration. Plus, recent changes in U.S. immigration regulations regarding the extension of some foreign workers’ employment authorization documents affect how employers must re-verify their work authorization on Form I-9.

Given these developments, now is a good time to self-audit your organization’s process for collecting employment verification and eligibility documentation and completing and storing I-9s, especially since you’re required to have a completed I-9 on file for every single employee, which means there is a lot of room for error.

Your organization could face steep penalties if proper practices aren’t followed for collecting “acceptable documents” necessary for employment eligibility verification. Also, errors or omissions when completing Sections 1, 2, or 3 of the Form I-9 can leave your company vulnerable to costly fines in the event of an ICE audit or a workplace raid.

And, when conducting a self-audit of Form I-9 practices, it’s important to ensure that your communication with workers about what you’re doing and why doesn’t spark discrimination claims. If it appears that you’re singling out an employee or group of employees on the basis of citizenship or national origin, you run the risk of lawsuits alleging unlawful discrimination.

Join us for a webinar on how to perform a comprehensive Form I-9 self-audit related to requests for acceptable documents to verify employment eligibility, how to go about correcting errors and omissions you uncover on the originally completed Form I-9, what to do if you don’t have an I-9 on file for a given employee, and more.

You’ll learn:
  • What to look for when reviewing Smart Form I-9s (in effect as of January 22, 2017) and past versions of
  • Form I-9s on file for your workforce
  • Examples of national origin or citizenship-based discrimination that could arise from Form I-9 self-audits—and what to do to ensure your practices don’t spark legal claims
  • Best practices for informing employees about the internal Form I-9 audit
  • Form I-9 error and omission correction procedures for Sections 1, 2, and 3—including who should deal only with Section 1, and who should handle Sections 2 and 3
  • What to do if you discover workers who don’t appear to have an I-9 on file
  • Examples of documentation identifying errors or omissions and indicating corrective action taken to bring your Form I-9s into compliance
  • What not to do with an eraser or whiteout—and the recommended way to display changes made to the Form I-9
  • How to tell if the version of the Form I-9 you have on file is acceptable under applicable rules
  • How to tell if the supplied Section 2 documentation is sufficient if the documentation isn’t on the list of acceptable documents under the current Form I-9 that’s in effect
  • What to do if you question the legitimacy of the documentation an employee has supplied—and why immediate termination is not a good idea
  • What to do if ICE agents or auditors show up at your workplace
About Your Presenter:

Jacob T. Muklewicz Esq.
Shareholder
Kirton McConkie

Jacob Muklewicz is the former Chair of Kirton McKonkie’s Employment and Immigration section. He counsels and advises large multinational corporations, local businesses, individual investors and professionals in areas involving employment-based immigration law. He has presented at state bar associations and published articles on topics concerning employment-based immigration and compliance with employment verification regulations.
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I-9 Self-Audits: How To Evaluate Documentation, Correct Errors And Omissions, And Avoid Discrimination Claims
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