Quick Answer: Can I9 Be Kept In Personnel File?

What is kept in a personnel file?

Employers should keep all job-related documentation such as hiring records, performance reviews, disciplinary actions and job descriptions in an employee’s general personnel file.

Medical records must be maintained separate from the personnel file..

Can an employer fill out your i9?

Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay). … If the job lasts less than 3 days, you must complete Section 2 no later than the first day of work for pay.

Do I need to keep i9 documents?

Even if you retain copies of documents, you are still required to fully complete and retain Form I-9. … However, if you make copies or electronic images of the employee’s documents, you must make them available at the time of a Form I-9 inspection by DHS or another federal government agency.

Do employers need to keep original i9?

Employers must retain original I-9 forms for three years after the date of hire, or one year after the date employment ends, whichever is later. The forms should be stored separately from other personnel files.

Do i9 expire?

According to the USCIS website, “When an employee’s employment authorization or employment authorization documentation (in most cases) expires, an employer must re-verify that the employee is still authorized to work.” Employers accomplish re-verification by completing section 3 of the employee’s Form I-9.

Are i 9 forms confidential?

Use safeguards to prevent unauthorized access to the forms, which contain your employees’ personal information. To facilitate an inspection request, I-9 forms should be kept separate from other personnel records (which may contain confidential information).

What triggers an I 9 audit?

An I-9 audit can be triggered for a number of reasons, including random samples and reporting by disgruntled employees (or ex-employees). Certain business sectors, for example food production, are especially susceptible to I-9 audits, and “silent raids” by ICE.

What are i 9 supporting documents?

Driver’s LicenseID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address.School ID card with a photograph.Voter registration card.U.S.military card or draft record.More items…•

How long do you have to keep i9 forms?

three yearsFederal regulations state you must retain a Form I-9 for each person you hire for three years after the date of hire, or one year after the date employment ends, whichever is later.

Are personnel files confidential?

In most circumstances, employee personnel files should be treated as private records that belong to you and the corresponding employee. Many times these files contain very private information like performance evaluations, salary levels and private reports.

What happens if i9 is not completed in 3 days?

If the new hire does not present acceptable identification documents by the end of three business days after the first day of work for pay, you may terminate the employee for failing to complete the I-9 form.

Can you use an expired driver’s license for i9?

If an employee’s state ID or driver’s license expired on or after March 1, 2020, and the state has extended the document expiration date due to COVID-19, then it is acceptable as a List B document for Form I-9. USCIS extends temporary flexibility for List B documents for I-9 purposes.

What do employers do with i9 forms?

Storing the Original Paper Form I-9 Employers who choose to keep paper copies of the documents their employees present may store them with the employee’s Form I-9 or with the employees’ records. However, USCIS recommends that employers keep Form I-9 separate from personnel records to facilitate an inspection request.

What if an employee never completed an i9?

Failure to comply with I-9 verification and document retention requirements could result in a penalty. The minimum penalty for a first offense is $110; the maximum penalty is $1,100. Penalties are assessed based on several factors, including: The size of the employer.