How to clean up I-9 records

Even though past violations cannot be retroactively corrected, based on the ongoing requirement to be in compliance, employers should take the necessary steps to bring their practices into compliance with regulations. If I-9’s are found to be inadequately completed, and the employee is still currently employed, then there should be no error that cannot be corrected. True, the document was incorrect to begin with and also true that it would now not be technically correct within the required 3 days of hire, but making the corrections now should put the organization in much better favor with the regulatory agency if ever audited.

Quick Tip: File your I-9s in 2 binders. The first binder for current employees, filed alphabetically. The second binder for terminated employees filed by year, chronologically by termination date. This way, you can more easily dispose of documents 1 year after termination. Also, if your I-9 practices are audited, you will have all current documents in one place.

TPO is an award-winning firm established in 1991 made up of a group of highly experienced, nationally certified HR experts and trainers. TPO is licensed by the State of California (PI-25638) to provide investigative services. For more information, please contact us at 800-277-8448 or visit our web site www.tpohr.com

Contents © 2011 TPO Human Resource Management. No part of this article may be reproduced, excerpted or redistributed in any form without express written permission from TPO Human Resource Management.

Is an Employee Handbook an asset or a liability?

There is as much danger in saying too much as too little. In the absence of policies, past and present activities become policy through precedent. Because of a lack of consistency in application, many of these practices are, or can be, considered discriminatory. This might place the employer in greater danger of law suits and claims with government agencies than if they had carefully spelled out the organization’s expectations employees.

Here are some specific reasons to have an employee handbook in place:

§  INFORMS EMPLOYEES. An employee handbook represents a key component to any sound employee relations program. Handbooks communicate essential information about benefits, policies, and performances standards to all employees. Openly communicating with your employees results in enhanced morale, productivity, and loyalty.

§  REDUCES DISCRIMINATION AND LEGAL PROBLEMS. Handbooks promote fairness and consistency in the manner in which employees are treated, and thereby reduce the possibility of discrimination. Although written employment policies cannot completely shield an employer from legal problems, a properly drafted and implemented employee handbook gives an employer more favorable legal positioning. We recommend that all employees sign an Acknowledgement of Receipt form for the handbook which indicates the employee agrees not only to familiarize themselves with the contents, but to abide by the contents and ask for clarification as needed.

§  ASSISTS OWNERS AND MANAGERS. An employee handbook guides managers in making employment decisions, such as implementing corrective action, hiring, firing, and promoting.

§  SAVES TIME. Having your policies and standards set out in writing can be a real time-saver by eliminating the time taken by managers researching what the policies are and employees going to managers to ask questions that could be answered by a handbook.

Employee Handbooks represent a key component to any sound employee relations program. Call your TPO consultant to discuss the state of your employee handbook.

For more information about, please contact us at 800-277-8448 or visit our web site www.tpohr.com

Contents © 2011 TPO Human Resource Management. No part of this article may be reproduced, excerpted or redistributed in any form without express written permission from TPO Human Resource Management.

WHAT SHOULD EMPLOYERS DO TO PROTECT THEMSELVES AGAINST INCREASING CLAIMS AND LAWSUITS IN THIS ECONOMY?

First, keep in mind that any time employees are under more stress, claims of all sorts may go up as well as more conflict being observed in the workplace. During times of stress due to growth, there is less attention by the press on it because different companies will be experiencing very different levels of growth and the conflicts may not be perceived as due to the good times as much as conflicts are linked with difficult times.

What you should do first of all is what you are probably doing anyway – be sure you are operating within both the letter and the spirit of the law. When times are stressful it is not the right time to take risks outside your normal comfort level. Review your policies and procedures. Make certain all of your employees understand that discrimination and harassment are not tolerated by your organization.

Some Protection Reminders

Some tools included in your HR Administration Kit from TPO for this include the individual Sexual Harassment Policy Acknowledgement, the Handbook Acknowledgement and the compliant yet compassionate letters for employees who must go out on some form of protected leave.

Be certain that you have provided, at a minimum, the required AB1825 Harassment Prevention training for managers/supervisor/leads. Providing a version for all employees definitely demonstrates your commitment and is highly recommended.

Actions You May Have to Take

In spite of your proactive review, planning and support, you may still have instances where employees bring forward concerns that appear to have potential serious consequences or you may hear/observe actions or conversations that could lead to issues. Prompt action is the important thing to keep in mind in this case. Do not let anything linger or go unaddressed. Immediately remedy the problem.

Maybe a Real Problem?

If the concern seems like it could possibly lead to a legal issue, you should immediately get all of the facts and assess your level of exposure.

If you need to do some fact collection, be cautious not to classify it as an “investigation” until you are certain such an action is necessary. Try to keep the language in the human compassion realm rather than legalistic. Don’t say, “Tell me how you were discriminated against.” Instead it is better to ask, “How did you feel you were treated unfairly?” You should not be the one raising the temperature level of the organization. Treat everyone with respect, but do not jump to conclusions. Just gather information quickly and efficiently so you can make the best decision.

Get Help
There are some things that are warning flags that should lead you to conduct a full investigation:

1.     The employee indicates he/she has legal counsel.

2.     The accusation involves upper management.

3.     The number of accusations is very large and the issues are complex.

4.     You need professional assistance with recovering information from computers, etc.

5.     You simply will not be able to get to it in a timely manner due to other constraints.
 

TPO is a licensed investigation organization and we have investigators with many years of experience in such activities. In this case, we can work with you to get the problem resolved as quickly and effectively as possible.

Once You Have all the Facts

After you have gathered your facts with or without a formal investigation, you will need to do some communications. Some of those will be face to face with the individuals involved. Some may be written. There may even be a need to do some individual or group problem solving.

Be sure to get back with the individual(s) who brought up the issue as soon as a decision is made on what to do. This communication must be very respectful regardless of what the facts determine. Even if the concern was completely unsupported, it is wise to thank the employee for bringing it forward to you for action. Only if the employee outright lied and/or falsified information and you can prove it should ANY action be taken against that employee.

Be sure to check back periodically to be certain whatever solution you implemented was resolved completely and is nor recurring.

Remember, that your best protection against such accusations is both your good actions and the good relationship you establish with your employees. Show them respect and do business with them in the most ethical way and it will go a long way to keeping down such problems. Your prompt, respectful and effective action when alerted will be in your favor should you find you have to justify your work with any government group.

Finally, it is important that your organization work at finding ways to send messages to employees that they are valued and help them see you are doing the right things. Communicate often, provide any stress relievers you can manage and be there to talk to them. These are the times when managers, supervisors, and HR support must be focused on communicating a positive but realistic message to every employee.

TPO is an award-winning firm established in 1991 made up of a group of highly experienced, nationally certified HR experts and trainers. TPO is licensed by the State of California (PI-25638) to provide investigative services. For more information, please contact us at 800-277-8448 or visit our web site www.tpohr.com

Contents © 2011 TPO Human Resource Management. No part of this article may be reproduced, excerpted or redistributed in any form without express written permission from TPO Human Resource Management.

Using the Economic Climate to PAUSE

The economic climate has created demographics in the workplace that are different from anything that HR professionals have seen before and if you take time to “pause” you may see the silver lining there. On one hand, older workers intend to work three to five years longer than previously planned so the exodus of Baby Boomers from the workplace is unlikely to occur in the near future. Conversely, younger workers anticipating their next career moves find themselves in a holding pattern. Openings at the top, or even on the way to the top, remain filled by those who were previously headed into retirement.

From an organizational point of view, this situation actually presents a rather nice situation, albeit one counter-balanced by angst and difficult decisions. The “brain drain” of retirements is being delayed and there is more time to do succession planning, training and organizational development. The challenges presented by the older and younger workers might result in opportunities to increase both morale and output.

·       It is a good time to help younger workers develop career paths and train to them. This will be important for keeping these eager employees engaged in the company’s goals while waiting for promotional opportunities.

·       Older worker’s need goals that will keep them actively engaged and making positive contributions over the next few years, lest they turn bitter about having to work longer.

An area of convergence especially useful for young and older workers is in the benefits area where both groups will value having flexibility and work/life balance as part of the package. Building long term stability as the economy recovers is a worthwhile goal as you prepare for future expansion opportunities. An excellent book to read in this area for ideas on engaging employees of all ages is, Love ‘Em or Lose ‘Em: Getting Good People to Stay, by Berret-Koehler, 2008.

TPO is an award-winning firm established in 1991 made up of a group of highly experienced, nationally certified HR experts and trainers. TPO is licensed by the State of California (PI-25638) to provide investigative services. For more information, please contact us at 800-277-8448 or visit our web site www.tpohr.com

Contents © 2011 TPO Human Resource Management. No part of this article may be reproduced, excerpted or redistributed in any form without express written permission from TPO Human Resource Management.