form I-9 question employee verification

[feddey26]

Dillion, you are just not getting what these people are trying to tell you. It does not matter what the Government can or cannot do with an I-9 form. If you do not fill it out, your possible soon to be employer (though not very likely) is not required to give you a job. Obviously by not being willing to fill it out completely should be a huge red flag to that employer. They would not be breaking any laws by not hiring you.

 

[Proserpina]

Dillion, you are just not getting what these people are trying to tell you. It does not matter what the Government can or cannot do with an I-9 form. If you do not fill it out, your possible soon to be employer (though not very likely) is not required to give you a job. Obviously by not being willing to fill it out completely should be a huge red flag to that employer. They would not be breaking any laws by not hiring you.

Feddey, bless your heart for trying.


But please, review Dillon's post history.

Please. For your own sanity if nothing else.

 

[justalayman]

so there is no reason for me to fill-out any Form I-9, that is signed w/o prejudice by me, as the gov can't legally use it against the employer or me in any court case...
.

first, if you want the job, there is a reason to fill out the form. If you do not want the job, there is no reason to fill out the form. It really is that simple. Regardless of all your BS dancing attempting to make it something it isn't, it comes down to that one question: do you want the job.


as to you making some indication on the form: it would not affect the employers position if they are charged with a violation of failing to comply with the law. Again, it is really simple for the employer: either require the employee fills out their portion and the employer fill out theirs or they refuse to continue the employment relationship or they are in violation of the law, period. There are no little statements or claims anybody can add to the requirement that will alter that.

 

[OHRoadwarrior]

Bottom line. Employers must comply with this Federal law or be in violation. If you refuse to cooperate they can chose not to hire you or fire you if you refuse to provide the info.

http://www.law.cornell.edu/uscode/text/8/1324a

 

[tranquility]

While I understand the beating my head against the wall theme, I will try one last time. Let's pretend all our...iconoclastic friend is saying is correct. What result?

The government requires the form from the employer or he will be fined. Period.

The employer can certainly continue to be fined for employing someone who does not have an I-9 on file. (Properly filled out.) However, at some point, the government will claim it is an intentional, or willful violation of the law. This will change things to a criminal action.

Can the employer claim some something-something defense to a criminal violation? Sure. Why not? We don't have much case law on knowing if it would be successful because all the employers cave long before it gets to the appellate level. If Dillion can find an employer who is willing to go to bat for him to the point of maybe spending a decade in federal prison, maybe we can test his theory. Until then, he's just one of the many in today's society looking for a job.

We do know, beyond any doubt, an employer who fires a person in accordance to federal regulations will not be subject to lawsuit no matter what the theory.

 

[Dillon]

while i understand the beating my head against the wall theme, i will try one last time. Let's pretend all our...iconoclastic friend is saying is correct. What result?

The government requires the form from the employer or he will be fined. Period.

The employer can certainly continue to be fined for employing someone who does not have an i-9 on file. (properly filled out.) however, at some point, the government will claim it is an intentional, or willful violation of the law. This will change things to a criminal action.

Can the employer claim some something-something defense to a criminal violation? Sure. Why not? We don't have much case law on knowing if it would be successful because all the employers cave long before it gets to the appellate level. If dillion can find an employer who is willing to go to bat for him to the point of maybe spending a decade in federal prison, maybe we can test his theory. Until then, he's just one of the many in today's society looking for a job.

We do know, beyond any doubt, an employer who fires a person in accordance to federal regulations will not be subject to lawsuit no matter what the theory.

so, why does'nt the gov. Just order me to fill-out only one i-9 form for life, and never ever bother an employer in the first place? - cause they can't just order me to do it directly......

here is a new law congress can pass: All people in the u.s. Must fill-out an i-9 form whenever stopped by police or go to jail. (show me all your id, sir)

if, i dont have authority to do a thing directly, i cant delagate, you do the same thing indirectly.....

 

[justalayman]

Dillon;3115519]so, why does'nt the gov. Just order me to fill-out only one i-9 form for life, and never ever bother an employer in the first place? - cause they can't just order me to do it directly......

they don't order you to fill out any I-9 form, ever. You never ever have to fill out an I-9 form. As to filling one out for life: the reason for the I-9 is not a static situation.

 

[Dillon]

they don't order you to fill out any I-9 form, ever. You never ever have to fill out an I-9 form. As to filling one out for life: the reason for the I-9 is not a static situation.

its pretty static for U.S citizens, no need to fill out I-9's at work.

how about this, Congress can pass a new law tomorrow; all u.s. citizen must carry a current passport at all times, to show any employer or police.

My grand parents werent required to fillout I-9s to work, if they had this Right, I cant lose it. (rights cant be disparaged)

 

[justalayman]

Dillon;3115536]its pretty static for U.S citizens, no need to fill out I-9's at work.

but how does the employer know you are who you claim to be? That is why the requirement the employer actually review the documents presented.

how about this, Congress can pass a new law tomorrow; all u.s. citizen must carry a current passport at all times, to show any new employers or police.

that is a very different situation than being an employee.


You are a pretty fair troll dillon but you simply have nothing to continue your argument on. It's time to acknowledge you have lost this battle.

 

[ecmst12]

If everyone stopped feeding the troll, it would die.

 

[cbg]

^^^^^^ would that I thought it would work.

 

[tranquility]

so, why does'nt the gov. Just order me to fill-out only one i-9 form for life, and never ever bother an employer in the first place? - cause they can't just order me to do it directly......

here is a new law congress can pass: All people in the u.s. Must fill-out an i-9 form whenever stopped by police or go to jail. (show me all your id, sir)

if, i dont have authority to do a thing directly, i cant delagate, you do the same thing indirectly.....

Um..what does this have to do with if they can make your employer jump through hoops? While your hypothetical is..well, uninteresting, it is a poor analogy as well.

But, since I've explained how the government CAN make the employer do something and the courts will NEVER allow the compliance with government regulations to be punished, where does that leave YOU?

Once again, for the bluebird group in class (You eagles, start on your math.), unless you find an employer who is willing to pay thousands of dollars in fines and eventually risk jail to test your theory, that's all it is. Just a theory one can argue with buddies at the bar over a beer or once a month when you forget to refill your prescription.