Every new hire at your Florida business requires a completed Form I-9, and a small error on that form can easily go unnoticed until an inspection begins. Learning where these mistakes tend to happen and how the law permits you to correct them gives you the chance to protect your business before that point.
Missteps in the verification process
Federal law generally requires you to examine a new employee’s documents and complete Section 2 within three business days after work begins. Violations can occur when you:
- Leave required fields, dates or signatures blank
- Finish the review after that deadline passes
- Request specific documents rather than permitting the worker to choose from the form’s acceptable options
If your Florida business has 25 or more employees, you must also use E-Verify for each new hire. This federal online system checks work eligibility. Regardless of staff size, state law requires you to keep copies of the documents provided and any official verification result for at least three years.
Penalties following government inspections
A federal Form I-9 inspection generally starts with a written notice giving you time to prepare the needed documents. If federal or state authorities find violations, you may face:
- Civil fines per employee for substantive paperwork violations or technical errors you do not fix within the correction period of at least 10 business days
- Potentially higher fines per worker for knowingly hiring or continuing to employ someone without work authorization
- Criminal prosecution for repeatedly and knowingly hiring or continuing to employ unauthorized workers
- A daily Florida fine of $1,000 for three failures to use E-Verify as required within 24 months, continuing until you prove compliance
- Possible suspension of your state-issued licenses for that noncompliance, lasting until you correct it
Federal fine amounts are adjusted each year to keep pace with inflation. Prior penalty orders for knowingly employing unauthorized workers raise the range for subsequent offenses. When assessing paperwork fines, officials weigh factors such as your business size, your good faith and the seriousness of each error.
Corrections through internal audits
You may conduct an internal audit to find mistakes before an inspection begins. When the audit turns up an error on a paper form, any correction must leave the original information visible rather than erase or cover it.
To amend Section 2, you can draw a line through the wrong entry, write the accurate details beside it, then initial and date the change. The employee is responsible for correcting Section 1 but may receive help from a preparer or translator. Anyone providing that assistance should initial and date the correction, along with the employee if able.