View Full Version : illegal worker
James2011
09-15-2010, 01:20 PM
how can I verify legal or illegal work status for the job candidate?
( I know Home Land security has e-Verify system, but is there any other way to verify it without using e-verify?)
Howard
09-15-2010, 02:08 PM
Sure, get a copy of their US passport or green card or other work permit.
CanCanCase
09-15-2010, 02:47 PM
Follow the instructions attached to the I-9 form. Either that, or lease employees from an employment service. If you're in Arizona, just call the cops and say the prospective employee is trespassing... The cop who responds will verify legal status for you on the spot. ;-)
- Case
James2011
09-15-2010, 04:37 PM
I expected you guys reply, I know I can see them, but the problem is he doesn't have us passport and he is not a us citizen, and he doesn't know what work permit is,
Ok, what he sowed me was:
1) Argentina passport
2) copy of his social security card
He said he came to usa on 1998 and he worked rent-A-car for one year...and then here and there...
I asked him " are you a legal or illegal worker? do you have a work permit?", he said "I have Argentina passport and SS card", I asked " how did you come to usa? did you have visa?"
he said " NO, no visa needed from his country to usa, so I just came here on 1998 without visa"
CanCanCase
09-15-2010, 05:06 PM
Again, check the directions on the form I-9. There are three columns that list documents which are acceptable forms of verification... Ie: 1 piece listed in column "A" or one from column "B" and one from column "C"...
No matter what documents are in possession, be sure all information matches. I've employed whole families of people who were later proven to have shared one brother's social security card among 8 family members... Our manager at the time had a LOT of cooking and cleaning to do when I found the mistake and fired the whole kitchen staff just before they were deported. Juan, Julio and Javier all were working with socials issued to Jaime...
- Case
James2011
09-15-2010, 05:32 PM
Again, check the directions on the form I-9. There are three columns that list documents which are acceptable forms of verification... Ie: 1 piece listed in column "A" or one from column "B" and one from column "C"...
No matter what documents are in possession, be sure all information matches. I've employed whole families of people who were later proven to have shared one brother's social security card among 8 family members... Our manager at the time had a LOT of cooking and cleaning to do when I found the mistake and fired the whole kitchen staff just before they were deported. Juan, Julio and Javier all were working with socials issued to Jaime...
- Case
Case,
OK, then someone can not show me 1 piece listed in column "A" or one from column "B" and one from column "C" in I-9, I can think he is a illegal worker, right?
CanCanCase
09-15-2010, 05:43 PM
Case,
OK, then someone can not show me 1 piece listed in column "A" or one from column "B" and one from column "C" in I-9, I can think he is a illegal worker, right?
I'm not going to tell you what you can or cannot think. I do know from experience, however, that if the employee can not produce the ID forms required, you MAY NOT hire them unless you wish to risk the current set of penalties outlined in law. When I did my own HR, I always took copies of whatever ID was produced, to keep in the employee's file.
- Case
moresales
09-15-2010, 08:26 PM
the dude is illegal. think about your biz. is it worth it to hire him or protect yourself and your biz.
James2011
09-15-2010, 08:51 PM
the dude is illegal. think about your biz. is it worth it to hire him or protect yourself and your biz.
I know, that's why I try to find out...
My point is it's hard to verify it unless he shows me either green card, or work permit etc...
Jefflange
09-16-2010, 11:01 AM
Just make copies of his fake documents and assume they are real. If the govt doesnt care who enters the country why should u be a investigator. Just cover yourself by getteing copies.
James2011
09-16-2010, 10:20 PM
Ok, then as long as I keep his SS card copy and take(withhold) tax and give him company check, then it should be ok?
surfflite
09-17-2010, 10:36 AM
Just hire someone you know for sure is legal. If this guy doesn't even know himself his own legal status, why are you spending 1 damn minute helping him? Is he the only person looking for employment in your town? Tell him his new "job" should be to go find out where he stands and if he happens to be illegal, to get the eff out of our country. He's been here since 1998 and "worked a year at a rent-a-car and the here-and-there" the remaining 11 years? For crying out load, that alone is reason enough NOT to hire the guy.
Remember, "Let's work for a better future" is your signature hithere.
CanCanCase
09-17-2010, 11:59 AM
Ok, then as long as I keep his SS card copy and take(withhold) tax and give him company check, then it should be ok?
That's not exactly what i recommended... My free advice ends with this: go ask an attorney.
- Case
James2011
09-17-2010, 12:19 PM
That's not exactly what i recommended... My free advice ends with this: go ask an attorney.
- Case
who asks attorney everytime hiring?
no, I am not asking attorney....
I think as long as I have the copy of SS card, I should be fine.
I don't need to investigate further. period.
James2011
09-17-2010, 12:21 PM
Just hire someone you know for sure is legal. If this guy doesn't even know himself his own legal status, why are you spending 1 damn minute helping him? Is he the only person looking for employment in your town? Tell him his new "job" should be to go find out where he stands and if he happens to be illegal, to get the eff out of our country. He's been here since 1998 and "worked a year at a rent-a-car and the here-and-there" the remaining 11 years? For crying out load, that alone is reason enough NOT to hire the guy.
Remember, "Let's work for a better future" is your signature hithere.
You are right...
I asked him the same things you told me and fortunately, he quit the job voluntarily. now, I will need to find other people...