Oregon Homecare Provider's E-Verify Mistake Proves Costly
An Oregon
homecare provider has reached an agreement, according to the Oregon Business Report, with the U.S. Department of Justice (DOJ) based on claims that the employer
violated the discrimination agreement contained within the Immigration and
Nationality Act (INA). While Oregon
isn’t included in the twenty states currently requiring employment
authorization through E-Verify, the homecare service provider is participating in the Federal government's program by entering into a Memorandum of Understanding (MOU) with the Deparment of Homeland Security.
The violation
began when the employer received a “Tentative
Nonconfirmation (TNC)” notice
for one of their employees, whose documents failed to match the data on the
Department of Homeland Security (DHS) and/or Social Security Administration’s
records, which required immediate action by the Oregon employer. The employer failed to inform the employee of
the TNC, mandated by USCIS,
which would’ve allowed the individual the ability to contest the mismatched
information. Furthermore, the employer
violated the INA by requiring the employee to produce additional documents,
either an alien card or naturalization documents, to show proof of work
eligibility within the United States as well as denying the employee the right
to work while contesting the TNC. In
addition to these requirements, “employers participating in E-Verify are also
required to display a participation poster, identify company representatives to
be responsible for and a point of contact regarding E-Verify, ensure that the
representatives are familiar with E-Verify manuals and procedures, and
cooperate with investigations by DHS and SSA,” as specified in the article. As
a result, the settlement required the Oregon homecare provider to pay a $1,210
fine for the violations, $525 in back wages to the employee and enter into an
eighteen month observation period administered by the Justice Department.
Learn
more about the benefits of E-Verify by calling (949) 640-4949 to speak with one of our subject-matter experts, or
visit our Solutions page to find out how our E-Verify
system will benefit your company.
Labels: Department of Homeland Security, department of justice, e-verify, e-verify mandate, worksite enforcement
posted by Form I-9 Compliance News @ 10:14 AM
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