E-Verify System Employee Rights
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Listed below are frequently-asked questions (FAQs) with answers,
about employee rights regarding the E-Verify System. (See the previous
page for more about the System, including information for employers.) |
Do all U.S. employers use the E-Verify System?
No. Participation is voluntary for most employers; however, a few states have
enacted laws that require certain employers to participate, while several
others are considering similar laws. Additionally, President Bush ordered Federal
contractors to participate.
Do employers have to notify me that they participate in the E-Verify
System?
Yes. Participating employers must post a notice that they use the E-Verify
System.
Can my employer use the E-Verify System to retroactively verify my employment
eligibility?
No, unless your employer is a Federal government agency or a Federal
contractor; otherwise, your employer may use E-Verify only if you
are a newly-hired employee. Your employer must do so within three business
days of your hire date.
Can my employer use the E-Verify System to verify my employment eligibility,
even if I was born as a U.S. citizen?
Yes. Participating employers must use E-Verify to verify the work-authorization
status of all new-hires within three business days, regardless of their national
origin or citizenship status; otherwise, employers might face discrimination charges.
Can a potential employer use the E-Verify System to screen me before
hiring me?
No. Participating employers may not use the E-Verify System for pre-employment
screening of job applicants. An employer may use the System to verify
your employment eligibility only after you have accepted a job offer.
Must I complete Form I-9 and provide the proper identifying documentation?
Yes, if you want to keep the job you just landed.
Federal law requires that all new-hires (including U.S. citizens) complete
the employee section of Form
I-9 and provide proper identifying documentation when requested by
their new employers, whether or not the employers are participating in
E-Verify.
What are my employee rights, if E-Verify reports that my Form I-9 does
not match governmental records?
If the information you provided on Form
I-9 does not match your records held by the Social Security Administration
(SSA) or Department of Homeland Security (DHS), then your new employer
must promptly give you a
"Tentative Non-confirmation Notice" that lets you know what did
not match and how to contest it.
If you decide to contest the mismatch, then your new employer must provide
you with a referral letter from the E-Verify System that includes specific
instructions and contact information. You will have eight Federal government
workdays to initiate the process of contesting.
Your new employer may not fire or retaliate against
you in any other way while you are contesting. Your employer is also prohibited
from discriminating against you on the basis of your national
origin.
If your employer retaliates or discriminates against
you anyway, then your E-Verify employee rights entitle you to file a
discrimination charge with the Office
of Special Council (OSC) or the Equal
Employment Opportunity Commission (EEOC). Alternately, your representative,
such as your attorney, may file the charge on your behalf. Attorneys often
take discrimination cases on contingency.
Either way, do not delay for long, as a statute
of limitations applies.
If you decide not to contest the mismatch or fail to complete the process
as required, then you are essentially waiving your
E-Verify employee rights. Your employer may legally presume that you are
not authorized to work in the USA, even if you are. As a result, your employer
may fire you without liability.
You may quit before your employer fires
you.
What are my employee rights, if E-Verify correctly reports that I am
not authorized to work in the USA?
Technically, you have few to no employee rights if you are not authorized
to work in the USA. Your new employer may fire you
without liability,
on the basis of your status as an undocumented immigrant.
Where may I obtain more information about my E-Verify Employee Rights?
Likely because the legalities are
still evolving, there is scant information about E-Verify employee rights,
other than what this writer pieced together above from multiple sources.
(For the primary source, see E-Verify
for Employees by the USCIS.) If you have general questions about your
E-Verify employee rights, then contact the USCIS, OSC or EEOC.
For legal advice that fits your particular situation, consult an attorney.
Note: Because the E-Verify System
is relatively new and still evolving at this writing, the employee rights
information and related links in this article are subject to change. Subscribe to Employee
Rights Blog to receive important updates.
E-Verify System
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