Termination After An E-Verify Final Nonconfirmation

Law360, New York (June 22, 2010, 1:28 PM EDT) -- Receipt of a final nonconfirmation under E-Verify can present employers with a difficult decision. The language of the E-Verify procedures in the memorandum of understanding is somewhat troublesome in the event of an FNC.

Specifically, the MOU states, “the employer can find the employee is not work authorized and terminate the employee’s employment” after receipt of an FNC.[1] From this language alone, it is unclear whether the government expects the employer to terminate the employee, or whether this is merely a removal of the employer’s prohibition...
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