On a recent cavnessHR weekly newsletter, we talked about the I9 form and the importance of this form in the employee onboarding experience. So I just want to take the time to talk about this again and the pitfalls that you need to be careful about during this process. There are lots of small businesses and startups out there who are making mistakes during the onboarding process during the employee onboarding process.
There are mistakes being made when proving the employee has a right to working in the United States. So here are some ways to make sure your small business or startup is doing the right thing in regards to onboarding. You should always be cautious when hiring based on citizenship status. What does this mean to you as a small business owner or startup founder?
If you have an open position at your company, you cannot reject them on the basis of citizenship status. For example, if Tom's auto repair shop has an opening for a mechanic position. An eligible applicant cannot be dismissed simply because they are not a U.S. citizen. You can be subject to fines and back pay for these individuals. If the Equal Employment Opportunity Commission or other government agencies discover you're doing this.
There are of course exceptions to these rules. Federal contractors who participate in contracts that have citizen based higher requirements don't have to follow this. Or workers who are unauthorized to work in the US and also any workers who require employer sponsorship. In order to reduce your odds of inquiry by the US Department of Justice or the Equal Employment Opportunity Commission, or any state or any state or local agencies, you should do the following.
For any roles that are open to citizens or noncitizens alike, do not ask their citizenship status. Only ask if the applicant is eligible to work in the United States. There's a big difference. Make sure your hiring/ recruiting process is meeting all applicable law requirements at the Federal, State and local levels. Also, you're required to maintain a record of all your applicant paperwork and there's a time requirement for this. So reach out to us if you need help with this.
Be sure to understand employee rights when completing the form I9. For example, you are not allowed to tell them what documents they can use to complete the form or not use a complete a form. So for the form I9, there are two main requirements. One is proof of identity and two is proof of work eligibility. Employees have to prove this by providing documents from either list A or list B and C.
Below is a link for these documents:
So just another quick down or dirty rundown on the I9 form and the importance of the onboarding process. For any question on this or anything else HR related, reach out to me at jasoncavness@cavnessHR.com
Check out the cavnessHR podcast where we talk to small business owners, founders and people who help them succeed. If you're interested in being a guest, reach out to me at jasoncavness@cavnessHRcom or just reply on this platform.
Thanks for your time today and remember to be great every day!
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