What should I do if I find out an employee is not authorized to work in the U.S.?

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If an employer complies with the verification requirements when hiring the individual but later discovers the employee is an unauthorized worker, it is unlawful to continue to employ that person.​​​

According to the USCIS, “where an employee has worked for you using a false identity but is currently authorized to work, the I-9 rules do not require termination of employment. In addition, there may be other laws, contractual obligations or company policies that you should consider before taking action. For example, the INA prohibits discrimination based on citizenship or immigration status.”

Employers are strongly advised to discuss the situation with their own labor counsel before terminating the employee. ​California law provides numerous protections for immigrants.​​​

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