Food for Thought – HR 4
Legal Pitfalls of Hiring Undocumented Workers
The job interview is an interesting process. It’s kind of a simultaneous dual sales-pitch. The company wants to sell
itself, and the applicant wants to sell him, or herself for the position.
It can be challenging to find a qualified candidate who is a
good fit, and can bring value to the company, but…is the person authorized to
work in the US?
The major draw for
illegal immigrants to come to the U.S. is a job. Companies looking to capitalize on cheap
labor, while bypassing the law, only help to propagate illegal immigration, and
keeps more US workers out of the job market. So…the premise of the law is that
by eliminating the hiring of illegal workers, it will reduce the desire to
disregard laws of legal entry. If there
is no job waiting for them, why risk the trip?
In theory, it works great…as long as everyone obeys the law.
Since 1986, every US employer has been required to verify
the authorization of each new person hired, at the time they are hired, and to
maintain those records. The I-9 form can
be located at the USCIS website – www.uscis.gov/forms. There is also a handbook available for
download that details the instructions for filling out the form, in addition to
the legal obligations of the employer.
The instruction handbook can be accessed here - https://www.uscis.gov/sites/default/files/files/form/m-274.pdf
In another article from NOLO.com, Deborah Dyson talks about
some of the legal pitfalls of hiring undocumented workers, that every hiring
manager, business owner should know.
In
future posts, we’ll discuss what the laws state, and relate the consequences of
not following the law.
D.
Conley
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