Re: Giving tax forms to an applicant

[LorenSterling]

Re: Giving tax forms to an applicant

What is the name of your state? Operating in both Arizona and North Carolina

I have been told that an employer should not give tax forms/I-9 to an applicant until after the applicant has been hired because the very act of handing them tax forms can legally be construed as hiring them. Is this true? Or is it accepting the completed tax forms/I-9 that gets you into trouble? Because we are seasonal and must hire a large number of employees in a short time, we would like to expedite the process by handing the applicant a packet of blank forms they may fill out and bring back at the time of interview. We would only accept the completed forms if the interviewer actually hires them. Is there anything in the process that could create legal issues?

 

[cbg]

NO NO NO NO NO!

DO NOT give tax and I-9 information to applicants!

DO NOT ask applicants to provide tax and I-9 information!

No matter how much more convenient it would be, do not under ANY circumstances ask anyone to complete that information without a job offer.

You could be asking for a host of problems here.

 

[LorenSterling]

cbq - Why?

cbq - you said NO NO NO never give tax forms/I-9 forms to applicants, but you didn't say why. Can you elaborate? And are you saying that there are issues even if we tell them not to give them to us unless they are hired?

 

[cbg]

1. Potential for identity theft (just because you don't ask for the papers until hire doesn't mean you won't end up with them anyway - applicants often can't follow directions)

2. Potential for an implied contract of hire

3. Potential for confusion if an applicant has the same or similar name as another applicant or an existing employee

4, With regards to I-9s, potential for legal violation since the requirements timewise are quite strict

Will that do for a start?

 

[LorenSterling]

Employment papers...

Yes, thanks. That gives me something to take to the higher-ups. I told them I thought there were issues, and they were skeptical.

 

[cbg]

The thing you have to remember, Loren, and tell this to your higher ups if you think it will help, is that applicants have no brains. Doesn't matter how smart they are in actual fact; with regards to any kind of employment paperwork if there's a way to screw it up they will.

I've had double PhD's who went into a blind panic when it came to filling out an application for health insurance.

The safest way to do it is to not give any applicants (or employees for that matter) anything that they don't actually need.