Temp. Workers and Form I-9
December 2nd, 2008 § Leave a Comment
We are frequently asked questions about independent contractors and I-9 liability. For example, we were recently asked, “Who will be held liable if an audit reveals that our temporary employment agency is employing undocumented workers: the temporary employment agency or my company?”
The temporary employment agency is responsible for verifying the original documents and completing the I-9 form for each employee. The law is very clear that an employer cannot use a temporary agency, independent contractor, or subsidiary company to circumvent immigration laws. Therefore, it is advisable for your company to insert language into the contracts with temporary employment agencies and independent contractors that explicitly states that the company is responsible for verifying the identity and employment authorization of their employees.
With that language, the company must trust that the temporary employment agency or independent agency is properly completing the I-9 forms for their employees. If the company gains actual or constructive knowledge that the temporary employment agency or independent agency is not properly completing the I-9 forms for their employees, then it is advisable to terminate the contract. Please note that this must be actual or constructive knowledge, not mere suspicion or speculation. Also, the company does not have and should not create an affirmative duty to audit the I-9 forms of a temporary employment agency or independent contractor.
