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  • Record keeping New York

    NYS - I have recently taken over our HR department and while going through several personnel files, we are missing I-9's for employees. I know that for record keeping purposes the I-9's are supposed to be kept seperate, but since they are missing, do I just have those missing complete new ones and sign them as of the date they are completed?

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    Sure. Any effort to stay in compliance with the law is better then no effort. You can always attach a note saying that you ran an internal audit, could not find the original and requested a replacement from the employee as a good faith effort to stay in compliance. Not losing the original would be best, but we play the hand we are dealt.

    Also, agreed on separately filing these things. I have found that separate alpha folders or binders work well. Then annually self audit. Run a report from your HRIS system on just who you should have forms on. Also review the documents to make sure that they are legally completed. Then if/when ICE shows up, you can just give the I-9 forms to them for review without giving them unrestricted access to the rest of the personnel files. Do exactly what the law says. No more. No less.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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