Creative Business Resources (CBR) was hired by IMAG, a manufacturer of custom magnetics and transformers, to manage all aspects of the company’s human resources needs. CBR provides a host of HR services to IMAG, including: legal compliance, payroll, workers’ compensation, employee benefits, human resources consulting and administration. As an Arizona-based business, IMAG is required to verify the employment eligibility of all new hires using the E-Verify system. CBR does the actual verification and follow up for IMAG to keep them in compliance.
In April 2008, CBR received notice from the Social Security Administration (SSA) that one of IMAG’s new hires had received a non-confirmation response from E-Verify. This response is a result of the information on the new hire’s Form I-9 not matching the information held by the SSA. Clerical errors on the Form I-9 are common reasons for receiving this response and if this is the case, typically the issue can be resolved by providing the SSA with the proper documentation.
As advised by CBR and his employer, the IMAG employee followed standard procedure and brought the proper documentation to the SSA located in Apache Junction. When the employee arrived, he was told that despite the fact he had the proper documentation, the SSA was unable to assist him. Shortly after, CBR received notice from SSA that the employee was unauthorized to work and must be immediately terminated by IMAG. IMAG disagreed with this decision and asked that it be resolved through SSA, insisting the employee had the proper documentation.