Magazine article HRMagazine

What Should an Employer Do When an Employee Admits He Used False Identification to Obtain His Job?

Magazine article HRMagazine

What Should an Employer Do When an Employee Admits He Used False Identification to Obtain His Job?

Article excerpt

Many employers have faced this situation: An employee who presented authentic-looking identification for the Form I-9 later admits the documents were not his and presents new ones. Should the employer discharge the employee? Retain him? Report him to authorities?

While there is no one right answer, employers do have options to consider.

Start by submitting IRS Forms W-2c and W-3c to correct any wages reported in error to someone else's Social Security number. You also may need to file amended employment tax returns, such as the 941-X. Alert your accounting department to ensure that the proper forms are filed. Also, advise the employee that tax consequences may arise if he did not pay appropriate taxes and that he should seek professional advice on filing amended returns.

In terms of reporting the employee to the authorities, seek legal guidance. The employee may have been legally allowed to work in the U.S. originally or is now able to do so; thus, he would not likely face deportation. Tax evasion or identity theftmay be an issue, but reporting is often not required. An employer's legal counsel can review the facts and make recommendations for reporting.

If the employee is authorized to work in the U. …

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