Volume 7, Edition 11, November 2011

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Many employers are now using the government's E-Verify system in order to electronically confirm a new hire's eligibility to work in the United States. Participating employers enter the I-9 information into the system and must follow E-Verify rules in the event they receive a tentative nonconfirmation (or mismatch).

A company submits a new hire to the E-Verify system and receives a tentative nonconfirmation. Which of the following is true:

1. The company can legally terminate the employee since E-Verify was unable to immediately confirm work authorization.

2. An employee is allowed 8 federal government workdays to contact the government agency to resolve the issue.

3. The employee may continue to work, but the employer cannot offer training or pay

4. Since E-Verify is a voluntary system, the employer can choose to disregard the tentative nonconfirmation without penalty


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