i began work at a new place that uses temp agencies and i'm sure that alot of the hispanics here are not legal immigrants. who is responsible if INS comes in and does a "sweep" and we lose employees? Are they or we responsible for any fines imposed? I know that they are more than likely illegal.....any advice from anyone????
2007-10-25 05:35:40 · 11 answers · asked by debsworld59 1 in Politics & Government ➔ Immigration
You can dictate your policies and you can put "in writing" in your contract with the employment agency that all employees sent to you by the agency must be in the USA legally and have proper documentation for employment. This puts the burden of proof squarely back on the temp agency and if the INS comes a calling, you can show them the contract and prove that you are not paying the employees. It might not completely absolve your company from guilt but it will be a mitigating factor. You always have the requirement of due diligence when it comes to obeying the laws. Therefore, you could demand a certification from the temp agency that all its employees are properly documented and eligible to work within the laws of the USA. If you fail to make that requirement of the temp agency, then you are complicit or could be considered a co-conspirator or an accomplice.
You have one other problem to consider. More often the laws regarding hiring of contract workers are causing INS and the IRS and even workmen's compensation to take a second look. An insurance term fits here. It's called subrogation. Just as you are required to ensure that a person to whom you lent your car is properly licensed to drive in the state where you or your car resides, so are you responsible to ensure that the workers you hire are legally entitled to work in the USA.
2007-10-25 06:05:50 · answer #1 · answered by Mindbender 4 · 1⤊ 0⤋
The temp agency is responsible for any fines or penalties. INS came to the factory I work at and found 68 illegals workers that came from a temp agency. The agency was fined and issued a warning that if they got caught again they could possibly be shut down.
2007-10-25 13:37:58 · answer #2 · answered by mnwomen 7 · 1⤊ 0⤋
Your company wouldn't be liable legally since the temps are actually employees of the temp agency and not your Company. The temp agency would be held responsible.
2007-10-25 12:49:07 · answer #3 · answered by chuck_junior 7 · 1⤊ 0⤋
I would use due diligence.
First ask a superior via email (and keep a copy) whether or not you should inquire. If the refuse to allow it you are indemnified under respondent superior.
If the allow it then inquire with the agency whether they have screened the temps in any way to insure compliance with immigration law. If not then use a different agency that does screen and call ICE on the first one.
2007-10-25 12:43:07 · answer #4 · answered by youarewrongbobisright 5 · 3⤊ 0⤋
I would think both would be responsible for the illegals if a sweep should occur. Perhaps you could use a different temp agency.
2007-10-25 12:41:27 · answer #5 · answered by Sweetharttt 7 · 1⤊ 0⤋
well. I bet that company is very convenient for you, if you are so concened about those hard working people who work for you without getting benefits, saving you a lot of money,, well look for an agency who hire only american citizens and legal immigrants I bet you may have to pay double or at least 50% more of what you paying for each worker you are used to pay right now. you have no probelm with that right? anyway you are a customer, so you wont face any fine, the agency is responsible
2007-10-25 14:44:06 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Yes. You can ask that they use the Homeland Security Pilot program in order to ascertain status. It's legal and you are well within your rights. If they refuse, you have the option of using another temp agency.
2007-10-25 12:59:04 · answer #7 · answered by Anonymous · 2⤊ 1⤋
I think the temp agency is responsible. They should be using the Pilot program. Everytime Wal-Mart got in trouble they blamed it on their contractors.
2007-10-25 12:40:50 · answer #8 · answered by Anonymous · 1⤊ 0⤋
If they are legal (on a visa) they should be able to produce a work authorization card, it is the same size as a credit card with the information, photo, signature and thumb print on it. Or produce a green card and SSN card
2007-10-25 12:43:58 · answer #9 · answered by Mama~peapod 6 · 1⤊ 0⤋
You have an advantage in that you're the customer in this situation.
Unless you have a contract with them and it's spelled out differently in the contract, you have every right to ask for proof of residency. If they can't provide you with that, then you can take your business elsewhere.
God bless capitalism.
2007-10-25 12:49:49 · answer #10 · answered by BDZot 6 · 3⤊ 0⤋