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HR MATTERS E-TIPS
THIS WEEK'S E-TIP: Personnel Records: Keeping I-9 Forms Separate
July 31, 2007, Volume 9, No. 31
Published by Personnel Policy Service, Inc.
"Your Policy and Compliance Experts Since 1972"
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THIS WEEK'S E-TIP: Personnel Records: Keeping I-9 Forms Separate
Find out two good reasons for filing your I-9 forms separately from
other
personnel information. |
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THIS WEEK'S E-TIP: Personnel Records: Keeping I-9 Forms
Separate
Q: I recently heard a seminar speaker say that I-9 forms
should be
separated from all other personnel records. Does the law require
this?
A: No. The Immigration Reform and Control Act (IRCA)
requires all
employers to verify that every new employee is either a U.S.
citizen or
authorized to be employed in the U.S., but it does not specify
where the
required I-9 forms must be kept. Thus, your organization does
not have
to file the forms separately, and you may keep them in your
regular
employee
personnel records (click for
free
model policy - 21pages –
normally $24.95).
(IRCA does require that the forms be filled out within three
days of hire
and retained for at least three years, or one year after
termination of
employment, if that time period is longer. This means you must
keep I-9
forms on all current employees until at least one year after
termination
[click for
free
model policy – 23 pages – normally $29.95], and maybe
longer, if termination occurred within three years of the date
of hire.)
Even though the Act does not require separating I-9s from other
records,
many human resource and legal experts do recommend the practice,
basically for two reasons:
- If your I-9s are audited, you can supply them efficiently
from one
central file. Note that two federal agencies have the
authority to review
your I-9s, the U.S. Citizenship and Immigration Services (the
federal
agency that implements IRCA's requirements, formerly the
Immigration
and Naturalization Service) and the Department of Labor. If
the files are
separate and you can avoid opening all your other personnel
files, you
also may be able to limit the scope of the audit and prevent a
compliance
fishing expedition.
- By keeping the I-9 forms separate from general personnel
files,
you reduce access to information in those files that
identifies an
employee's national origin or race. By placing restrictions on
access to
this identifying information, you may help defend against
potential
discrimination claims alleging that employment decisions were
based on
an employee's national origin or race.
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Take advantage of these complementary Model Policy kits from
Personnel Policy Service:
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Subscribers to the
Personnel Policy Manual and HR Policy Answers on
CD can find more information on IRCA and I-9 forms in Hiring Chapter
202, note 23.Not a subscriber? If you would like to order one of our policy
chapters,
go to:
http://www.hrpolicyanswers.com.
If you have any questions, please call us at 1-800-437-3735. We'll
be
happy to help you. |
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YOU CAN TRUST PPS
Information provided in HR Matters E-Tips is researched and reviewed
by the HR experts at Personnel Policy Service as well as employment
law attorneys. However, it is not intended as legal advice. Readers are
encouraged to seek appropriate legal or other professional advice.
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