Employers often fail to shred old Forms I-9 that are beyond the retention requirement, even though this can lead to compliance liability.
"But remember that once an I-9 has been purged, it's gone forever, so it's best to have a system in place with appropriate checks and balances," said John Fay, an attorney and director of product strategy at Equifax Workforce Solutions in Phoenix.
"Many employers have, knowingly or not, adopted a laissez-faire attitude to I-9 purging by choosing to keep their I-9s beyond the retention period and to sort it all out in the event of an inspection by the government," Fay said. The problem with this approach is that U.S. Immigration and Customs Enforcement (ICE) typically gives employers only three business days to produce I-9s and associated documentation.
In the mad dash of responding to this notice of inspection (NOI), employers may not have the time or resources to remove or pull out those purgeable I-9s from the documents sent to ICE. In such cases, the agency may review and consider the old I-9s in assessing paperwork fines and penalties against the employer, Fay noted.
Errors on forms for terminated employees are difficult, if not impossible, to correct, said Sujata Ajmera, an attorney with Clark Hill in Austin, Texas. In the event of an ICE audit, such errors could create compliance violations that cannot be mitigated.
Further, she noted, the forms create a record of compliance practices within the organization. Implementing a good...
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