Federal law prohibits discriminatory practices during the search and hiring of an employee. Yesterday, I briefed you on some of the steps an employer must comply with in the employment verification process. But there are more:
1. An employer must provide the same job information over the telephone to all callers and the same job application must be given to all applicants.
All termination decisions must be based on the employee's work performance or behavior and not based on the employee's appearance, accent, name or citizenship status.
3. Forms I-9 must be kept on file for a minimum of 3 years from the date of employment or one year after an employee leaves the job - whichever is later.
4. Form I-9 requires verification of identity documents and employment authorization for all new employees, whether they are U.S. citizens or non-U.S. citizens.
5. If it is necessary to reverify the employment authorization of any employee, any valid documents that the employee presents, whether or not they are the same documents that were presented when the employee was initially hired, must be accepted.
6. It should be remembered that U.S. citizenship or nationality is generally acquired by birth within the United States and also in U.S. territories such as Puerto Rico. And of course, a permanent resident of the United States can become a U.S. citizen by completing the naturalization process.
Employment verification law is complex and I recommend that you consult with an immigration attorney to make sure you are following the relevant laws.