Each year, the number of companies using E-verify is increasing. E-verify provides employers an additional resource to verify the employment authorization of their newly hired employees. However, it is becoming quite clear that many companies are using E-verify in discriminatory ways – often without even knowing their actions are not allowed. Companies must ensure they are using E-verify correctly. Otherwise they face the possibility of fines and legal actions.
If a company answers yes to any of the following questions, it may be acting discriminatory:
- Does the Company only E-verify certain new hires?
- Does the Company use E-verify before offering employment?
- Does the Company use E-verify to re-verify employee work eligibility?
- Does the Company restrict or hinder an employee from working while the employee contests an E-verify initial determination?
- Does the Company immediately terminate an employee if E-verify issues a Tentative Non confirmation notice?
- Does the Company tell an employee that a social security number is invalid?
- Does the Company tell an employee that his or her papers are not valid?
Again, if you answer yes to any of these questions, you may be putting your company at risk of fine and legal action. To determine if you are using E-verify in a correct and lawful manner, please contact an E-verify lawyer.