ABA Family Legal Guide

Law and the Workplace

The Hiring Process

Must an employer verify the employment status of current workers?

The Immigration Reform and Control Act applies only to employees hired after November 6, 1986. An employer doesn't have to verify the employment eligibility of any workers hired before that date. However, if the employer has reason to believe that a worker hired before November 6, 1986, is an unauthorized alien, then the employer would face penalties under the law if it did not verify the worker's status and, if the employee was not authorized to work, fire that worker.