E-Verify Frequently Asked Questions

Q:        What is E-Verify?
A:        E-Verify is a computer program that requires your employer to check your identity and work authorization information against the electronic records of the Department of Homeland Security (DHS) and the Social Security Administration (SSA).

Q:        Can an employer enroll in E-Verify without notifying my union?
A:        No.  Unless your employer works on Federal Contracts to which you are assigned, enrollment in E-Verify is a mandatory subject of bargaining.

Q:        I applied for a job with an employer and was told I would need to be E-Verified prior to beginning employment.  Is this legal?
A:        No. Your employer cannot submit information to E-Verify until you are hired and an I-9 form is completed.

Q:        My employer claims that he received a Tentative Non-Confirmation (TNC) on me and has terminated me and refused to pay my wages.  Is this legal?
A:        No.  Your employer must give you a copy of the TNC and provide you with the opportunity to contest the TNC.  If you are terminated because you did not contest the TNC, your employer must pay you any unpaid wages owed to you at the time of discharge.

Q:        My union employer became an E-Verify employer after I began working for him.  He has notified me that he will be E-Verifying me.  Is this legal?
A:        No.  Your employer cannot submit information to E-Verify for employees hired prior to the date your employer began participating in E-Verify.  Your employer also cannot re-verify your employment eligibility using E-Verify unless they are a federal contractor and you are assigned to the covered federal contract.

Q:        My employer claims he received a TNC from E-Verify for me.  What can I do?
A:        If your employer receives a TNC in response to submitting your information, you should request a copy of the notice.  If your employer receives a TNC, they are required by law to give you a minimum of 8 federal working days to submit additional information to prove your eligibility to work. However, if it takes more than 8 days to resolve your case, your employer cannot take an adverse employment action against you.  If you choose to contest the TNC, your employer cannot take an adverse employment action against you during that time. This includes terminating you, putting you on unpaid leave, changing your work hours, etc.

Q:        What if I choose not to contest the TNC?
A:        If you choose not to contest the TNC, the notice will become a final notice and your employer can terminate your employment.

Q:        How do I know if a particular employer is an E-Verify employer?
A:        Your employer is required by law to post a notice stating that they are using E-Verify.

Q:        My employer appears to be violating the rules discussed above.  What can I do?
A:        If your employer is violating any of these rules, or you suspect they are, please contact your union representative. Employers who violate these rules can have their participation in E-Verify terminated by DHS.

If you have additional questions regarding E-Verify, contact Conchita or Monica.

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