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Ask Leslie: Do I Need A New Form I-9 For My Returning Employees?

By Leslie Zieren, The McCalmon Group, Inc.

Dear Leslie:

We are a novelty gift shop. We are going to open up slowly, offering call ahead, curbside pickup services only for local online shoppers. Three employees I furloughed eight weeks ago are coming back to work on a rotating schedule to achieve social distancing. Do I need new Form I-9s?


Signed: Sandra


Dear Sandra:


If you treated your furloughed employees as still on your payroll, but on temporary unpaid leave, then you can use the Form I-9s you already had.


If you had actually terminated your employees and have offered now to re-hire them, then you do need to re-verify the I-9 or complete a new one. You must complete a new one if the terminated, now re-hired, employee had completed the Form I-9 more than three years ago.


Check with your local counsel to be sure. Circumstances can vary from case to case. Also, check the U.S. Citizenship and Immigration Services (USCIS) website. https://www.uscis.gov/i-9-central



Jack McCalmon and Leslie Zieren are attorneys with more than 50 years combined experience assisting employers in lowering their risk, including answering questions, like the one above, through the McCalmon Group's Best Practices Help Line. The Best Practice Help Line is a service of The McCalmon Group, Inc. Your organization may have access to The Best Practice Help Line or a similar service from another provider at no cost to you or at a discount. For questions about The Best Practice Help Line or what similar services are available to you via this Platform, call 888.712.7667.


If you have a question that you would like Jack McCalmon or Leslie Zieren to consider for this column, please submit it to ask@mccalmon.com. Please note that The McCalmon Group cannot guarantee that your question will be answered. Answers are based on generally accepted risk management best practices. They are not, and should not be considered, legal advice. If you need an answer immediately or desire legal advice, please call your local legal counsel.


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