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Of all the employment issues we advise our clients on, the subject of
proper hiring practices is becoming more and more critical. Just the
other day in Des Moines, Iowa, 390 people were arrested for immigration
violations at a meatpacking plant. According to ICE (US Immigration
and Customs Enforcement) this was the largest workplace raid in US
history. The Associated Press reports that the raid was aimed at
seeking evidence of identity theft, stolen Social Security numbers, and
people who are in the country illegally.
While the politicians wrestle with what to do about illegal immigrants,
Homeland Security has announced a “comprehensive immigration enforcement
strategy for the nation’s interior.” In 2007 alone ICE “dramatically
increased penalties against employers whose hiring processes violate
the law, securing fines and judgments of more than $30 million while
making 863 criminal arrests and 4,077 administrative arrests.” According
to Julie Myers, head of ICE, “ICE has no tolerance for corporate
officers who harbor illegal aliens for their work force.”
OK. I can hear you saying, “I don’t hire illegal aliens! So why should
this matter to me or my company?” While it is obvious that hiring
employees who are in the country illegally is a crime, you may not know
that using illegal subcontractors can also subject you to the same
punishment.
YOU BETTER KNOW WHO YOUR SUBCONTRACTORS ARE!
As you may know, Walmart was just was recently fined $11 million dollars
for using subcontractors that had hired illegals. Why? Because it is
alleged that a few Walmart managers knew that some of the subs were not
here legally. If someone in your company’s management knowingly hires a
subcontractor who uses illegals, your company will be subject to civil
penalties. Furthermore, you will probably end up getting really bad
press!
CAN YOU SAY RACIAL PROFILING?
Because law enforcement hates to be accused of racial profiling, I can
almost guarantee that at some point, a few businesses who have never
hired anyone outside of a 5 mile radius will still be investigated. How
will they investigate? Almost certainly someone will be sent to your
company to peruse your I-9 forms. Because an employee must place his
social security number on an I-9 form, examining these forms allows ICE
to see if any of your employees are using a false social security
number. A smoking gun.
CHECK YOUR EMPLOYMENT FILES – NOW!
Current law requires that all employees correctly and fully complete an
I-9 form upon being hired. Not retaining forms or not having forms
completed correctly can subject your business to fines. If you’ve
ever needed some “encouragement” to double check your files, NOW IS THE
TIME TO GET YOUR RECORDS IN ORDER.
BUT I DON’T COLLECT I-9 FORMS FROM MY SUBCONTRACTORS
Most companies don’t because they’re not required to. However, in light
of the Walmart case, best practices may dictate that you start. If ICE
ever does investigate your company, you can show that not only do you
not hire illegal aliens; you go the extra mile to make sure your subs
are not illegal either.
As the stepped up law enforcement surrounding this issue shows, it’s not
going to go away any time soon. Therefore, our duty as risk managers
and insurance agents is to keep our clients informed about these types
of developments so we can help protect them from all of the risks they
face. If this is something you feel your company could benefit from,
feel free to contact us.
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