Discovering an Unauthorized Worker

HRCalifornia

If you discover an employee has been working without authorization or may have presented invalid documents, you should take reasonable actions to verify employment eligibility and allow the worker a reasonable amount of time to present alternative documentation.

Employees decide which documents to provide to verify employment eligibility — you can't request that they provide specific types of documents.

You shouldn’t terminate employees without first providing them an opportunity to address any discrepancies in their Form I-9 documentation.

It’s unlawful to continue employing an individual who can’t establish eligibility to work.

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