Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
Nationwide Firm
786-401-4706
Injury, Immigration and Business Attorneys
Aggressive Advocacy and Exceptional Civil Litigation Success

Employment eligibility verification in Florida can go too far

The news has been replete in recent months with stories regarding employment eligibility verification. Many states across the country have enacted state laws concerning the use of the federal E-Verify system. Florida lawmakers considered measures regarding immigration, but no bill passed during the most recent session. This blog has reported that all Florida state agencies in the state must use E-Verify under an executive order signed by Governor Rick Scott.

Although questions of whether use of E-Verify have risen over the course political debate recently, it remains that businesses are required to comply with laws regarding I-9 compliance. Companies that do not have the proper documentation on hand regarding employment eligibility of workers hired after 1986 can run into problems. But as a recent lawsuit points out seeking more information from some applicants while pursuing employment eligibility verification may not be better for an employer.

Federal law requires certain steps be taken to document employment eligibility. But federal law also prohibits discrimination during that process. The Justice Department recently filed a lawsuit against Smithfield Foods, Inc. alleging a unit of the giant agricultural company discriminated against job applicants by requiring some non-U.S. citizens who were authorized to work in the country and some foreign born U.S. citizens to provide more work-authorization documents than those required under federal law.

The Justice Department seeks a cease and desist order from an administrative law judge in the agency's Executive Office for Immigration Review. The agency also seeks remedial relief on behalf of workers who may have suffered economic loss as a result of the alleged documentation practices.

Smithfield Foods reportedly has not reviewed the lawsuit. A spokesperson for the company told the Virginian-Pilot Smithfield Foods "makes every effort to eliminate barriers to employment for foreign-born workers, while at the same time ensuring that it respects the letter and intent of U.S. immigration law."

A seasoned Miami employment eligibility verification attorney can assist a Florida business in following the law and fulfilling I-9 compliance.

Source: The Virginian-Pilot, "Unit of Smithfield Foods faces discrimination suit," Tom Shean 29 Jun 2011

No Comments

Leave a comment
Comment Information
Kurzban's Immigration Law Sourcebook

We Literally Wrote The Book On Immigration Law

Our firm is a recognized leader in immigration law and litigation. We handle the spectrum from family and employment-based visas to deportation defense and immigration appeals. Founding partner Ira Kurzban authored the Immigration Law Sourcebook, widely used by immigration lawyers, judges and government officials as the authoritative field reference.

Aggressive Advocacy and Exceptional Civil Litigation Successes Call Our Firm at 786-401-4706 or Fill Out the Secure Form Below

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

AV - Martindale-Hubbell | Jed Louis Kurzban  - Peer Review Rated For Highest Level of Professional Excellence The Best Lawyers in America Super Lawyers dbr - Verdicts & Settlements - Kurzban Kurzban Weinger Tetzeli & Pratt P.A. immigrants' list Listed in Best Lawyers - The World's Premier Guide Lead Counsel | LC | Rated

Miami Office
2650 SW 27th Avenue
2nd Floor
Miami, FL 33133

Phone: 786-401-4706
Fax: 305-444-3503
Miami Law Office Map

Jacksonville Office
10752 Deerwood Park Boulevard South
Suite 100
Jacksonville, FL 32256

Map & Directions

Jed Kurzban Of Counsel at Damon Key Leong Kupchak Hastert, A Law Corporation
1003 Bishop Street
Suite 1600
Pauahi Tower
Honolulu, HI 96813
Phone: 808-531-8031
http://www.hawaiilawyer.com

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.