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Interviews General Queries 2 years ago
Posted on 16 Aug 2022, this text provides information on General Queries related to Interviews. Please note that while accuracy is prioritized, the data presented might not be entirely correct or up-to-date. This information is offered for general knowledge and informational purposes only, and should not be considered as a substitute for professional advice.
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Scenario.
An employer refused to let an employee complete an I-9 on the date of hire, although the employee presented more than the necessary documents (DL, Soc card, birth certificate and passport). The employer in the Chief Executive position , when pressed, explained that 'no one' ever checks anyways.
The employee did complete a W-4 on date of hire, and has currently been paid for 4 of the 6 weeks they worked. The paychecks came in the form of direct deposit to the employee's bank.
The employee asked several times since, and has routinely been denied the request. The employee then notices that other new hires are being allowed to complete the I-9 on their date of hire. The employee would like to ask to complete the I-9 as well, but is concerned that the inquiry could result in retaliation. The employee does not suspect that their employer is concerned about the validity of their citizenship.
The employee has now worked there for over 6 weeks, and has received paychecks through direct deposit. The employee does not have access to their pay stubs, because it was completed online.
The question is... What could be some possible reasons that the employer would be motivated to not allow the completion of the I-9 for this employee?
This is very dubious. I'm in the UK; my employer could get into massive trouble if they didn't check that I have permission to work for them (even if there was not the slightest doubt that you have permission, "not checking" would be trouble, and "not checking" and then it turned out I had no permission would be big trouble for them).
Now I could understand if someone wants to employ illegal workers and not fill out that form. But you told them that you have no problem filling out that form, and they still refuse, so I would be afraid that something deeper might be going on, and since we both don't know what that might be, I'd be very wary. I'd ask the same question on law.stackexchange: Just don't ask for legal advice, but whether anyone has an idea why your employer would do that.
If you want to be on the safe side, find out which government agency is responsible and ask them for advice. Which could get your manager in trouble, but that's her fault.
PS. If I understand Wesley's link right, not having you fill out the form means a fine of $110 to $1,100 for the employer, assuming you are entitled to work in the USA. Since you repeatedly asked them to fill out the form, if I had to set the fine I'd set it to the maximum.
I still cannot find any reason why she would refuse this - I would assume that she doesn't want any evidence that you are actually employed there; the other possibility is outright stupidity, or she suspects that you are not allowed to work there and wants to avoid evidence (which wouldn't help; not filling out the form for someone who isn't actually entitled gets a fine up to $16,000 in repeat cases).
mkennedy's comment (maybe there are others that are working illegally, and she's trying to cover up) would fall under criminal charges: "Engaging in a pattern or practice of hiring, recruiting or referring for a fee unauthorised aliens."
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