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OSC Doles Out E-Verify Non-Compliance Punishment to Oregon Homecare Provider

The Justice Department’s Civil Rights Division Office of Special Counsel (OSC) has issued another penalty case to an Oregon-based homecare provider for sick and elderly patients for violating three cardinal E-Verify rules. The company failed to provide an employee with their Tentative Non-Confirmation (TNC) documentation and an opportunity for the employee to contest it, demanded additional identity and employment authorization documents, and refused to allow the employee to work when they were unable to furnish the demanded documents. The company eventually settled this case by agreeing to pay approximately $525 in back wages and a civil fine of $1,210. Other conditions included HR training to avoid employment eligibility verification discrimination and reporting and compliance monitoring by the Justice Department for 18 months. Although the penalty and back wages are modest, the repercussions from the publicity and the prolonged government audit period are aspects the company would rather move past. A well-developed E-Verify software, coupled with legal counsel, can easily help an employer avoid a visit from the OSC altogether as a result of (alleged) unlawful conduct.

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