Can an employer fire a new hire if the Employer Agent informed the employer that the worker was initially flagged as unauthorized?
A. No. The worker must be given an opportunity to contest the discrepancy. But if the worker signs a termination form in which the worker does not contest the discrepancy, then the worker can be terminated. If an employee turns the job offer down on the spot or doesn’t show up for work, then the case is resolved by default — the worker is assumed to have self terminated. The information on all cases (whether the worker is authorized or not) must be resolved. All resolved cases must be filed with the DHS.
Related Questions
- Can an employer fire a new hire if the Designated Agent informed the employer that the worker was initially flagged as unauthorized?
- What must the employer do if the Employer Agent finds that a worker who is initially flagged as unauthorized, contests the finding?
- How fast will the Employer Agent know if the new worker is authorized to work?
