If an employer suspects an employee is not authorized to work in the U.S., what should they do?

When an employer suspects that an employee is not authorized to work in the U.S., it is vital to address the situation carefully and legally. Seeking legal counsel is a prudent step as it ensures the employer understands their obligations and rights under immigration law. This guidance can help prevent potential discrimination claims and ensure that the employer is following the correct procedures for validating an employee's work eligibility.

Investigating the situation is necessary to gather facts and determine whether there is enough evidence to substantiate the suspicion. The employer needs to consider the nuances of employment law and compliance with regulations like the I-9 form and E-Verify. This thorough approach allows the employer to act in a way that is both legally sound and ethically responsible, protecting the rights of all parties involved.

Taking immediate action without due process, such as terminating the employee right away, can lead to legal repercussions, while ignoring the suspicion altogether can expose the employer to liability under federal law. Conducting an internal audit may be part of assessing the entire workforce but does not directly address the specific suspicions regarding the individual employee in question. Therefore, a combined approach involving investigation and legal counsel is essential for managing such a sensitive issue correctly.