Friday, January 13, 2017

Food for Thought - C04 – Caught!

Food for Thought - C04 – Caught!

        It is illegal to hire anyone not authorized to work in the U.S. 

Laws work well when everyone obeys them, but we all know we don’t live in a perfect world.

In the following, you will see what happens when people decide the law is something that applies to everyone else; just not them – Caught! 

All articles are direct links to News Reports on the reporting agency’s website.
 (All suspects are considered innocent until proven guilty by a court of law)








Monday, January 2, 2017

Food for Thought – HR 5 New Hire Questionable Questions?

Food for Thought – HR 5

New Hire Questionable Questions?


In the previous posts, we touched on the I-9 form, non-discrimination towards workers as well as non-discrimination toward the forms of identification being presented, and the need for “due-diligence” when inspecting documents being presented.

In the last post, HR 4, we approached interviewing prospective new hires, and the subjects that are considered to be “taboo” when interviewing, or hiring new personnel.  We are not to ask about:  Race, Age, Religion, Color, Place of Birth, Disability, Marital Status or Children.



Even an experienced interviewer can mistakenly open the door to a taboo topic by searching for some “common ground conversation” with a potential new hire.  This only opens the door to liability.  I once had a hiring manager ask me why they should hire me instead of a younger candidate. I answered the question quite creatively, but I should have politely excused myself from the interview right then.  I didn’t, which was a shame.  Hind-sight is always 20/20.

There are different ways to gather information, it just depends upon what questions you ask, and how you ask them.  In reality, what you really want and even need to know, (besides if this person is qualified, and if they would be a good fit for your company); is if they are willing and capable of meeting the requirements and demands of the job for the terms you’re offering.  That’s really the bottom line.

In an article by Megan Elliott on the Money and Career portion of the www.cheatsheet.com website, the 10 questions you probably never thought were illegal are discussed, as well as the reasoning behind the illegality of those questions.


D. Conley

Tuesday, December 13, 2016

Food for Thought - C03 – Caught!

Food for Thought - C03 – Caught!

It is illegal to hire anyone not authorized to work in the U.S. 

Laws work well when everyone obeys them, but we all know we don’t live in a perfect world.
In the following, you will see what happens when people decide the law is something that applies to everyone else; just not them – Caught!



All articles are direct links to News Reports
on the reporting agency’s website.
 (All suspects are considered innocent until 
proven guilty by a court of law)












Monday, December 5, 2016

Food for Thought – HR 4 - Legal Pitfalls of Hiring Undocumented Workers



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

Tuesday, November 15, 2016

Food for Thought - C02 – Caught!

Food for Thought - C02 – Caught!

It is illegal to hire anyone not authorized to work in the U.S. 

Laws work well when everyone obeys them, but we all know we don’t live in a perfect world.


In the following, you will see what happens when people decide the law is something that applies to everyone else; just not them – Caught!


All articles are direct links to News Reports on the reporting agency’s website.

 (All suspects are considered innocent until proven guilty by a court of law)






Thursday, November 10, 2016

Changing of the Guard - Trump Presidency

Setting politics and personalities aside; the election is over and we will soon have new management.  Understandably, change can be difficult for many people due to the uncertainty of what the benefits, or consequences, of what that change may bring.  We must all remember that change is inevitable.

There is a great deal of concern from those undocumented people, who are now afraid that they will be deported.

Although I have to admit that their fears are somewhat justified; it seems nearly impossible for the new administration to overcome the legal hurdles of processing, and deporting millions of people.  This is compounded because previous administrations seem to have not only “tolerated” illegal immigration, but that they have supported and even given rights to these people – which is why mass deportations seem highly unlikely.

As Non-Immigrant Labor is a specific concern to us, as well as our clients; it seems important that we try to keep you up to date, and refrain from editorializing.

Our best advice is:
1.  Follow the rules of law, especially for the programs you are using.  
2.  Stay on top of your documentation and use due diligence when reviewing new hire documents – E-Verify is a great tool!

Now begins the speculation, but some very good points are brought up.







D. Conley

Monday, November 7, 2016

Food For Thought - HR 3 - Hiring Foreign Workers

Food For Thought – HR 3

Hiring Foreign Workers


In the previous two installations, we addressed the need for fairness to all applicants, and the need to use our “Due Diligence” and looking at the documents that were presented to us by our new hires.  The importance of this is illustrated in the following from Title 8 USC 1324a, para (3) as shown below:

" U.S. Code › Title 8 › Chapter 12 › Subchapter II › Part VIII › § 1324a, Paragraph (3)Defense

"A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral."

After 1986, all US companies are required to verify that all new hires are authorized to work in the United States – again; the I-9 Form and the list of acceptable/approved documents.

There are other concerns facing companies and hiring managers.  Due to the litigious society we live in, you have to be careful when asking questions.  If not phrased properly, or if you ask the wrong things, you could very well face a discrimination suit. 
 For example:  you cannot ask about their birthplace or national origin; you cannot ask what religion they practice, or what religious holidays they observe, and you cannot ask how old they are.  These are just a few examples of questions NOT to ask.

In another NOLO.com article by Deborah Dyson, she brings up a few questions that every hiring manager should know.  “Do they have papers?  What if they don’t?  Can you ask if they have papers?” 



These are some of the points addressed, and are good reading for any business owner or hiring manager.

D. Conley