Is an individual required to fill out an I-9 form issued to them by their employer over two years after being hired?

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Is an individual required to fill out an I-9 form issued to them by their employer over two years after being hired?

A friend of mine has been working with
their current employer for over 2
years. At the time of hiring, they were
not provided with an I-9 form to fill
out. Now, almost three years after
being hired, their employer is asking
for the form to be completed.

Asked on July 2, 2016 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, your friend can be made to do this. This form should have been filled out and submitted along with their other paperwok at the time of hire. For the employer to have gone ahead and employed your friend without it was illegal. Clearly this error has just now come to light and the company is rectifying its mistake. Additionally, if your freind refuses to fill it out now for some reason, it would be immediate grounds for dismissal.


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