Employment Law Blog

News, trends and analysis in employment law and HR

Aug 13, 2013

How to respond when an employee doesn’t pass E-Verify

Q&AImmigration 

Q: We use E-Verify to confirm work authorization for employees, and recently received a final nonconfirmation notice for a new hire. Should we terminate him?

A: Yes. The E-Verify system offers a fairly rigid structure for determining whether an individual is authorized to work in the United States, which can sometimes be a downside. The upside: once you run through the established procedures, you can have confidence in a termination. In fact, continuing to employ an individual after you’ve received a final nonconfirmation notice is risky since you’ve been put on notice that the person may not be authorized to work in the United States. Keep in mind that before you reach the termination step, you will receive a tentative nonconfirmation notice and you must give the employee the required amount of time to resolve the problem. When there’s a question about what to do during an E-Verify case, refer to the User Manual; it provides great direction for navigating through the sometimes confusing E-Verify process.

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