Don't look now but Halloween is closing in and Black Friday is just around the corner. With the upcoming Christmas holiday sales period on the way, retailers will be going through the annual process of bringing on seasonal help to keep stores stocked, customers served and checkouts moving along.
Complicating the search for warm and, preferably, talented bodies who will work cheap is the controversy surrounding illegal aliens in the U.S. As a result, the federal government is stepping up its enforcement to find illegals in the workplace so they may be removed from the country.
For every new employee hired, companies are required by law to fill out what is known as Form I-9. This document from the U.S. Citizenship and Immigration Services (USCIS) department covers both citizens and those from outside the country. Employers are required to verify the employment eligibility and identity documents presented by the employee and record the information on the I-9 form.
Employers not in compliance with Form I-9 may be subject to sanctions, fines, and perhaps even jail time.
With the holiday season approaching, Cynthia Juarez Lange, partner with the law firm of Fragomen, Del Rey, Bernsen & Loewy, told RetailWire this is no time for getting sloppy.
"Retailers can protect themselves from potential civil and criminal liability by following a careful I-9 process," said Ms. Juarez Lange. "This includes completing the I-9 properly in the proper time frame, reviewing the I-9 thoroughly and complete periodic audits. And, finally, ensuring I-9's which expire are re-verified on or before they expire."
An additional option, said Ms. Juarez Lange, is an employer can sign up voluntarily to check documentation through a Homeland Security verification program.
Keeping on top of the verification process is critical because illegals have become more skilled in avoiding detection. Some, Ms. Juarez Lange pointed out, use false documents or someone else's identity to gain employment.
The good news, she said, is that when mistakes are made, most are not fatal to a business. "An employer is not always liable just because an employee uses false documents to enter a work force," she said. "The employer is responsible only if it 'knew' or 'should have known' the employee was undocumented. Employers are also responsible for the 'knowledge' its supervisors or managers have."
To make the upcoming hiring season as stress free as possible, Ms. Juarez Lange recommends employers set their focus "on ensuring they have a thorough and consistent non-discriminatory process to complete the I-9 form at the time of hire. Employers should also make sure their supervisors and managers are well trained as to their responsibilities."
Discussion Questions: With the amount of new hires made for the Thanksgiving through New Year's selling season, how much can retailers really concentrate on verifying that workers are legal? What are the keys for retailers looking to keep the workforce legal while fulfilling the hiring and verification requirements set by state and federal governmental bodies?