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All businesses need to complete, maintain I-9 records

In the past we have written blog posts on the importance of employers keeping proper employment records, including clean I-9 forms.  Many of those posts have focused on situations where the workers in question were undocumented. While it is true that these employers do need to be concerned about the matter, they are not the only ones. All businesses need to properly fill out and maintain these records. The failure to do so could result in fines.

Because the penalties could potentially be serious, it is a good idea for Miami area businesses to take the necessary steps to make sure the I-9 forms are completed correctly the first time. In situations where a company believes there are discrepancies, someone should go back and double check. If errors are uncovered, updated documentation should be provided to the government.

Where many Miami area businesses are concerned, these fines are worth taking note of. Depending on the circumstances the fines could total $1,000 per violation. The violations in question could be either substantive or technical. The technical violations include:

  • The failure to retain documents for the prescribed length of time
  • Improper storage of documents
  • The acceptance of documents that are expired
  • Incorrectly altering documents

As is the case in matters regarding immigration, the U.S. Immigration and Customs Enforcement agency is involved in these situations as well.

Employers of workers from all backgrounds should be aware of the issues that could potentially impact their businesses. Where I-9 documents are concerned, it may be a good idea to work with an attorney who provides counsel on such matters.

Source: The Oklahoman, “Fines add up for technical errors on I-9 forms,” Paula Burkes, Dec. 4, 2013

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