Introduction

*Disclaimer from Trainual

Please note that this template is not a legal document. And its information is for general knowledge and educational purposes only — not to provide advice on how to structure your organization's processes and/or policies. Meaning, this template should never be taken in place of legal advice. 

To use, you will need to customize this template to meet all your company's requirements. So, please update it with any and all relevant information before rolling it out (like deleting this step)!

Why We Have an Eligibility Verification Policy

Our Employment Eligibility Verification Policy is a fundamental component of our commitment to upholding legal and ethical standards in our workforce management. This policy is in place to comply with federal and state employment laws, ensuring that all employees working for our company are legally authorized to do so.

The legal basis for this policy stems from various immigration and labor laws. For instance, in the United States, the Immigration Reform and Control Act (IRCA) mandates that employers verify the employment eligibility and identity of all employees hired. This applies to every individual employed, without exception, emphasizing inclusivity and uniform applicability across our entire workforce.

The policy aligns with federal and state laws by requiring proper documentation (such as the I-9 form in the U.S.) and maintaining records as stipulated by governing bodies. This ensures that we are compliant with national employment standards and protects both our company and our employees from legal repercussions.

Implementing this policy across the board reiterates our dedication to lawful hiring practices and our commitment to creating a safe, legal, and equitable working environment for all employees. It reflects our company's ethos of responsibility, integrity, and adherence to the highest standards of regulatory compliance.

Our Employment Eligibility Verification Policy

Verification Procedure

The Human Resources (HR) department plays a pivotal role in the employment eligibility verification process, ensuring compliance with legal requirements. Here’s a detailed outline of the steps followed:

1. Communication of Requirements:

• Upon the commencement of employment, HR informs the new employee of the necessary documentation for employment eligibility verification. In the United States, for example, this typically includes completing the I-9 form.

2. Collection of Documents:

• Employees are required to present valid documentation that establishes identity and employment authorization. This may include passports, driver's licenses, Social Security cards, or other documents as specified by the governing laws (like the list of acceptable documents for the I-9 form in the U.S.).

3. Document Verification:

• HR reviews the provided documents for authenticity and relevance. They ensure that the documents meet the legal standards for employment eligibility.

4. Completion and Storage of Forms:

• Once the documents are verified, HR completes the necessary forms (e.g., I-9 form) and maintains a record of the documents submitted by the employee.

5. Timelines for Submission and Verification:

• Employees are required to present the necessary documents within three business days of their start date.
• HR is responsible for ensuring that the forms are completed and filed within this timeframe.

6. Ongoing Verification:

• In cases where an employee's work authorization has an expiration date, HR monitors these dates and conducts re-verification as necessary.

This systematic approach ensures that all new hires are legally authorized to work, maintaining compliance with employment laws and safeguarding the company against legal risks. It’s a rigorous process that upholds our commitment to ethical employment practices.

Roles and Responsibilities

Human Resources (HR):

• HR is responsible for conducting the verification process, ensuring that all employees provide the necessary documentation as per legal requirements. This includes guiding employees through the process, verifying the authenticity of documents, and completing relevant forms (like the I-9 form in the U.S.).
• HR also maintains and securely stores these records, ensuring confidentiality and compliance with data protection laws. They are responsible for updating and managing these records, including timely re-verification when necessary.

Employees:

• Employees must provide accurate and valid documentation that proves their identity and eligibility to work. They are responsible for submitting these documents within the specified timelines, typically within three business days of their start date.
• It’s also crucial for employees to inform HR of any changes that might affect their employment eligibility, such as changes in immigration status.

Management:

• Managers play a key role in ensuring that their teams comply with the employment eligibility verification process. They are responsible for reinforcing the importance of this process and ensuring that their team members adhere to the necessary timelines and procedures.
• Management must also collaborate with HR to address any discrepancies or concerns that arise during the verification process.

Together, these roles ensure a compliant, effective, and responsible approach to verifying employment eligibility, aligning with legal standards and company policies.

Record Keeping and Confidentiality

At our company, we adhere to stringent procedures for the secure and confidential storage of verification documents. HR is responsible for maintaining your personnel file in locked, access-controlled filing systems, ensuring that only authorized personnel have access to them. 

This practice is crucial for protecting employee privacy and sensitive information.

In compliance with legal requirements, we retain these records for a specified duration. For instance, in the U.S., I-9 forms are kept for three years after the date of hire or one year after employment ends, whichever is later. This retention policy ensures that we are in line with legal mandates while safeguarding employee data against unauthorized access or misuse. Our commitment to secure record keeping and confidentiality upholds our ethical standards and legal responsibilities, fostering a trustworthy workplace environment.

Have Questions?

In conclusion, our Employment Eligibility Verification Policy is essential in maintaining legal compliance and upholding the integrity of our workforce. It ensures that all employees are verified for eligibility in a consistent and lawful manner. This process, handled with the utmost confidentiality and precision by HR, is fundamental in fostering a trustworthy and compliant workplace.

For any questions or further information about this policy, employees and managers are encouraged to reach out to the Human Resources department.