Question:

Is an employer legally allowed to turn away an employee on their first day of work for not have I-9 documents

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I currently live in Chicago, IL and I went in for my first day of orientation and was turned away for not having more identification than a driver's license I understand that I-9 documents such as a passport, or birth certificate are needed to prove citizenship; but I also know that I have three days of hire to present this information. I have all of these documents currently at my parents house in Iowa, and was planning on getting them the weekend after the orientation which would allow me to present the documents on the second business day after the orientation. I also asked the company if my mom were willing to drive it to chicago while the orientation was in session, if they would let me start. They wouldn't let me even start the class without it present at the beginning. The problem with starting later is that I was starting as a freelance visual merchandiser and time spent on the floor getting to know the staff in the small amount of time that a freelance merchandiser is needed is very important for repeat hire. The next orientation was 10 days later, and very close to the event I was hired for. So my question is this...is it the employer's choice to let the employee have three days to present the documents, or is it the employees right to have three days? note that the employment is longer than three days, so the documents are not required on the first day.

I am looking for professional advice from someone who is more familiar with the law than I am.

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6 ANSWERS


  1. You can read the actual I-9 form  plus explanations bellow

    http://www.uscis.gov/files/form/I-9.pdf

    Is really  self explanatory  


  2. They can require the documents!  Your best bet is to go get them any way possible and start your job!

  3. Not having the proper documentation on your first day, would be very unprofessional. I wouldn't hire anyone who didn't make the effort to get them together before employment.

  4. You didn't have the required documents so there was no reason for them to allow you into orientation classes.

  5. Of course they are. They are required to collect that information. The fact that you are "planning to get" changes nothing.

  6. Within three days of hire, not three days of orientation.  You were hired some time before the orientation was scheduled and, you admit to knowing that the documents were required.  You should have done what you needed to do to have them for that first day instead of putting it off, and then trying to shift the blame to someone else.

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