Thursday, January 17, 2013

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.  

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