My company is participating in E-Verify. May we terminate or suspend an employee if we receive a tentative nonconfirmation of the employees information?
No. A tentative nonconfirmation does not mean the employee is not authorized to work. The employee must be allowed eight work days to contact SSA or DHS to resolve the situation. If the employee does so, an employer may not terminate the employee based on the tentative nonconfirmation of status and must await a final resolution from E-Verify, even if such final resolution takes longer than eight work days.
