WHEN AUTHORIZATION EXPIRES
KNOW THE RISKS OF TURNING A BLIND EYE
Once renewals are no longer possible for some workers, including Dreamers, you’ll face a hard choice: Fire them or risk breaking the law. The truth is, enforcement on employers is pretty rare. Given that the annual number of I-9 inspections averages just 2,095, odds are low that you’ll be caught if you employ an unauthorized worker. But if you are caught, you can face civil penalties, or even jail time for a persistent pattern of violations. Although President Trump has pledged to increase the number of U.S. Customs and Border Protection agents and Immigration and Customs Enforcement agents, there is no indication that his administration will bring back the disruptive worksite raids that were more common under President George W. Bush. “It’s rare to have employers be caught no matter what,” says David Bier, an immigration policy analyst at the Cato Institute. “But if there was a situation in which employers decided to knowingly continue to hire someone illegally— for example, as an act of civil disobedience—then they could be prosecuted for a felony for harboring illegal workers.”
PAY OUT ACCRUED SICK AND VACATION DAYS
Workers who lose their authorization are ineligible for unemployment benefits and could face a sudden loss of income. That said, in many states, these employees are still entitled to any accrued money owed for vacation and sick leave. You should pay out these balances as quickly as possible. “Just because you’re terminating someone because they’re not work authorized anymore doesn’t mean you get out of your obligations as an employer,” says Siskind Susser’s Greg Siskind. Likewise, workers are entitled to keep any vested portions of an employer-sponsored retirement account when their work authorization ends. There’s no law against offering severance payments consistent with your employment policies to help cushion the blow as well.
KEEP THE DOOR OPEN
With the labor supply tightening, you might want to offer an unpaid leave of absence and hold a worker’s job while he or she seeks other forms of work authorization. If not, writing a strong recommendation letter can help your departing employee seek work elsewhere. Alternatively, companies that already have foreign offices can relocate employees. Zendesk, with locations in Europe and Asia, will consider relocating immigrant employees who are unable to renew their work permits, says SVP John Geschke. And even smaller companies can now consider setting up a telecommute for a valuable employee.