The Sherman Oaks area has hundreds of hotels that make great places to work. Whether employed by a multi-national chain, a boutique hotel or a small motel, your employer likely must verify your identity and work authorization when you first start. To do so, your employer completes and retains an I-9 form.
Some U.S. employers choose to participate in the federal government’s mostly voluntary E-Verify program. This program compares information that you provide on your I-9 with Social Security Administration and Department of Homeland Security databases. If there is a problem, your employer must give you an opportunity to fix it. Among other things, your employer may not, however, do the following:
Target you
If your employer uses E-Verify, he or she must use it consistently. That is, E-Verification is mandatory for all new hires after an employer executes the program’s memorandum of understanding. An employer who only E-Verifies non-citizens or other members of protected classes likely runs afoul of both federal and state anti-discrimination laws.
Require specific documents
When you complete an I-9 form, you have the option of providing any legally acceptable documents. That is, your employer may not specify which documents you must submit. The same is true for E-Verify. If your supervisor, an HR manager or anyone else requires specific documents, he or she may be discriminating against you.
Use E-Verify after your employment authorization expires
Employers have an obligation to re-verify employment authorization after temporary authorization expires. To do so, your employer must complete the third section of the I-9. This may happen if you have a visa or an employment authorization card. Your employer may not use E-Verify, though, unless the company has certain types of federal contracts. That is, under most circumstances, E-Verify is only appropriate for newly hired employees.
If your employer misuses E-Verify, you may lose your job. Fortunately, you have legal rights. By understanding what constitutes impermissible conduct, you can better plan for asserting them.