Question on legality of informing a temp agency about an illegally documented worker

[Plant Manager]

Jurisdiction

Nebraska

I used a staffing agency to hire a group of temporary employees. Once the contract with the agency was fulfilled, I hired one of the workers as a full time employee of my company. After completing the employee's new hire paperwork, I was informed by our outsourced HR firm that the employee had an E-Verify non-conformity. It was a very small discrepancy in the numbers on the documentation vs what was filled out by the employee on her I-9. When I spoke with the employee, she declined to contest the claim. I had to terminate the employee immediately. Further, the employee did confirm that she was an undocumented worker using falsified documents.

I am also personal friends with the account manager for the staffing agency responsible for originally sending me this former employee. I worry that my friend and his agency can get in trouble if the former employee tries to get re-hired with the staffing agency. Can I legally warn the staffing agency that the employee they had sent was ineligible for work in the US and using falsified documents? I know the staffing agency tries to keep everything legal. The discrepancy was only caught because the former employee mistakenly wrote the wrong number on her I-9 form. Her documents looked very legitimate.

 

[adjusterjack]

Can I legally warn the staffing agency that the employee they had sent was ineligible for work in the US and using falsified documents?

Yes.

But I suggest you be subtle about it and not accuse anybody of "falsifying" documents.

 

[army judge]

I used a staffing agency to hire a group of temporary employees. Once the contract with the agency was fulfilled, I hired one of the workers as a full time employee of my company. After completing the employee's new hire paperwork, I was informed by our outsourced HR firm that the employee had an E-Verify non-conformity. It was a very small discrepancy in the numbers on the documentation vs what was filled out by the employee on her I-9. When I spoke with the employee, she declined to contest the claim. I had to terminate the employee immediately. Further, the employee did confirm that she was an undocumented worker using falsified documents.

I am also personal friends with the account manager for the staffing agency responsible for originally sending me this former employee. I worry that my friend and his agency can get in trouble if the former employee tries to get re-hired with the staffing agency. Can I legally warn the staffing agency that the employee they had sent was ineligible for work in the US and using falsified documents? I know the staffing agency tries to keep everything legal. The discrepancy was only caught because the former employee mistakenly wrote the wrong number on her I-9 form. Her documents looked very legitimate.

I commend you for your diligence in employing only those persons legally allowed to work in the USA.

I wish more employers were as diligent as you are.


It might be better to contact those who enforce these laws, allowing the proper authorities to investigate the matter.

For all you know, some of the people you did hire may have been better at evading detection than the dummy you discovered.

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