The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) released an informational flyer for workers entitled “Know Your Rights! What You Need to Know about E-Verify.” The purpose of the flyer is to provide workers with the baiscs on what employers can and cannot do with the E-Verify system, so they will know when and if their rights are being violated.
The document starts out by notifying employees that employers have an obligation notify workers that E-Verify is being used at a worksite. E-Verify employers are required to post notices of E-verify usage at locations on the premises where job applicants will see them.The flyer lays out the E-Verify process, explaining that the system operates by comparing information from one’s I-9 Form to information in the federal government’s immigration, social security, and other such records, then makes sure that the information matches between sources.
The flyer makes note that if there is a mismatch between the I-9 and the government’s other records, the employer has an obligation to apprise the prospective employee of the situation, as well as let that worker know that he can contest the mismatch finding by contacting the agency where the discrepancy exists to rectify it. Employers must provide employees in this situation with written instructions from the E-Verify system regarding the ways in which the employee can rectify the matter.
The flyer additionally notifies workers that there are several actions an employer cannot take against an employee if the E-Verify system is in effect:. Specifically, employers may not take any of the following actions against an employee while he/she is resolving a matter with E-Verify: fired or suspended, be made to wait to start training or working, be made to quit, have work hours cut, or be refused pay by an employer for work done.
Moreover, employers cannot pre-screen employees in the E-Verify system until after that employee has been officially hired and has filled out an I-9. Nor can employers use the E-Verify system for reverification, or keep employees from working after they have filled out their I-9 Forms just because said employees have not yet received social security numbers.
The flyer offers the phone number 888-897-7781 for assistance with the E-Verify process, as well as the website http://www.dhs.gov/everify. It also prompts employees to call OSC at 800-255-7688 or 800-237-2515, or contact OSC online at http://www.justice.gov/crt/about/osc if an employer uses E-Verify only for immigrants or employees who “look foreign,” an employer won’t let an employee work or takes other action when an employee is taking care of an E-Verify issue, or an employee is asked to show a specific document instead of the document of one’s choice when satisfying I-9 and E-Verify requirements.