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boli2006

Junior Member
What is the name of your state? Minnesota
I am wondering if there are certain required forms and/or papers that must be filled out by a new employee. Such as an I-9, etc. Are there any penalties that can occur if not filled out?
 


cbg

I'm a Northern Girl
A new employee MUST complete an I-9 on their first day and provide the appropriate documentation within 3 days. If they have not provided it by then, the employer is technically in violation of the law if the employee is allowed to continue to work.

A new employee should complete a W-4 form, but it is not a violation of the law if they do not. If no W-4 is completed, the employer needs to deduct taxes at the Single-0 rate.

Depending on the state, there may be a state tax form as well.

Any other forms are determined by the employer's policies and/or benefit programs.
 

cbg

I'm a Northern Girl
I'll address Fair's question.

If an I-9 is not completed, the employee cannot legally be permitted to work after three days, so the ramifications to the employee are loss of wages/employment.

If an I-9 is not completed, there are no ramifications to the employer UNLESS they are audited by the USCIS, in which case the employer will probably receive a fine. The amount of the fine will be determined by the extent of the violation.

There is no financial benefit to the employee, to report the employer's failure to provide an I-9 form.

If a W-4 is not completed, the only ramification to either employee or employer is if the employee requests a form, is not provided one, and the employee wishes other deductions than those being taken by the employer. In that case, the employer will be liable if reported to the IRS.

With regards to state tax forms, see above.
 

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