What should an employer do if they identify a discrepancy in an employee’s I-9 documentation?

The appropriate action for an employer when a discrepancy is found in an employee's I-9 documentation is to inform the employee and provide them with time to resolve it. This approach not only aligns with best practices for handling potential verification issues but also complies with legal requirements and fair treatment of employees.

When an employer identifies a discrepancy, such as inconsistencies in the name, date of birth, or Social Security number, it is crucial to communicate this finding to the employee promptly. This allows the employee to address and correct the issue—whether that means providing additional documentation or clarifying information. Providing time for resolution shows respect for the employee's rights and helps to ensure that the I-9 documentation process is thorough and accurate.

Keeping the discrepancy confidential from the employee would not allow them the opportunity to rectify the information and could lead to further complications, potentially affecting their employment status. Reporting the discrepancy immediately to government authorities might be premature and could create unnecessary strain on the employee without first attempting to resolve the issue internally. Discarding the I-9 and refiling with new documents is not an acceptable process; the employer must retain the original I-9 and follow the proper legal procedures for addressing discrepancies.