Identity theft and the use of fraudulent documents is a national problem and in some instances it is a serious national security concern. While the temptation of pulling out a black light to avoid accepting a fraudulent document may exist, employers are not expected to be “document experts” when it comes to reviewing identity and work authorization documents for the I-9 process. Current I-9 policies only require employers to detect and report any obviously fraudulent documents. But for those documents that are not so obviously fraudulent, the question of how far an employer should go before entering liable territory remains. Many don’t believe that employers should be making hiring and firing decisions based on a process that requires them to act more like a detective than an employer. In fact, employers are more likely to be found liable for overstepping their boundaries rather than the latter. Therefore, it is advised that detailed document review should be left to the experts.
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