If you discover an employee has been working without authorization or may have presented invalid documents, you should take reasonable actions to verify employment eligibility and allow the worker a reasonable amount of time to present alternative documentation.

Employees decide which documents to provide to verify employment eligibility — you can't request that they provide specific types of documents.

You shouldn’t terminate employees without first providing them an opportunity to address any discrepancies in their Form I-9 documentation.

It’s unlawful to continue employing an individual who can’t establish eligibility to work. If the employee is unable to produce acceptable documentation within a reasonable amount of time, you face penalties if you knowingly continue to employ that person. What amount of time is reasonable may depend on the circumstances. Consult legal counsel regarding how to proceed.

  • If you discover that you employed an unauthorized worker, you still must comply with all wage and hour laws for the time period of that individual’s employment. All California workers are protected by the Labor Code and other employment laws regardless of immigrant status. You may want to also consult with an immigration and/or employment attorney. For more information, see Immigrant Workers and Discrimination/Retaliation Protection.