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Pre I-9 Audit Planning: Prepare for the Worst and Hope for the Best (Part 2)

The I-9 and E-Verify Blog (02/23/12) Valentine Brown

In a continuation of yesterday’s article on Form I-9 audits, this article provides additional worst-case scenarios relating to internal I-9 audits and suggestions to help employers mitigate their potential ill effects.

There is no way to prevent an employee or former employee from filing a complaint with the U.S. Department of Justice Office of Special Counsel for Immigration Related Discrimination, but a company might prevent the complaint from turning into a full-blown investigation by following citizenship status and national origin polices that are applied evenly to all employees. An emergency preparedness plan should be put into place that includes clear lines of communication, preapproved responses, and the authority to quickly carry them out when necessary.

When doing an in-house audit, it is often prudent to let employees know ahead of time. Advise them of the importance of the project and that they may be asked to provide additional information or documentation. This will cut down on employee uncertainty while emphasizing the need for timely and full cooperation.