Form I-9 compliance

[peacemaker]

What is the name of your state? ARKANSAS

My employer has been informed about the seriousness of I-9 non-compliance but still will not impliment the procedure in the business. He says that he was told by his accountant that "they" never check on it and it is a bother and a waste of time to comply. I say he got some really bad advice. He does not fill out an I-9 on any employee and never has. Any suggestions as to how to open his eyes to the jeapordy he is in because of this stance, or is he right in his assumption that he is on safe ground? Can employees be penalized as well as the employer if they have not complied by filling out the form? What do you think his chances are of being audited by INS or OHS? Thanks. Peacemaker in Arkansas

 

[cbg]

He is not without risk; however, unless he hires a great many employees on work visas or if a disgruntled employee drops a dime on him, his chance of being audited is very, very low. The majority of employers do not ever get audited.

Overall, I'd say he has a less than 10% chance of being caught. But IF he is, the fact that he is knowingly non-compliant will make it harder on him. The Feds are fairly easy on employers who are actiing in ignorance of the law or who, once having learned of their error, make an honest effort to get back into compliance. They will come down much harder or someone who knows they are out of compliance and makes no effort to do anything about it.

I agree that he got bad advice. Even though the risk of being caught is very low, it is not non-existant. I am astonished that a reputable accountant advised him to break the law, if that is indeed what the accountant said. He (your boss, not the accountant ) can be fined between $100 and $1100 PER EMPLOYEE for missing or inaccurate I-9's.

The employees will not be held responsible if the worst happens.