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Monday, December 1, 2008

New Laws Make Hiring Undocumented Work a Risky Business

Recently, Arizona Governor Janet Napolitano signed into law a bill that will impose harsh measures against any business that hires undocumented workers. The first offense will result in the suspension of a business license. For the second offense, the State will revoke the license, which would amount to a death sentence for any business in repeated violation of the law. No doubt it is an understatement to speculate the Arizonas new immigration law will create much controversy and legal review.

Napolitano signed this bill into law shortly after the United States Senate failed to come up with its own comprehensive immigration measure. The bill, or, rather, the series of bills, went down in flames amid much rancor and disgust on both sides of the issue. This failure apparently has opened the door for States to legislate their own immigration measures, beginning with the tough new laws in Arizona. It shouldnt be too long, pending legal review, before other states follow suit. Depending on lobbying, sentiment and voter will, most likely additional states, especially Border States, will vote on measures much like the new Arizona statute.

There are many ways to debate the immigration issue, but thats not the role of this article. There are many sides and many points of view. Some arguments border on the absurd. But most are rational and important and should be discussed thoroughly, and not just ins sound bites, to help determine the future of immigration in this country. As with any matter of great complexity, despite what media sound bites would have you believe, there are no easy answers.

However, one thing becomes increasingly apparent. If your business continues to hire undocumented workers, then chances are you are going to be penalized for the practice. Clearly, if more states adapt the Arizona model, every business will have second thoughts about running the risk of hiring undocumented workers. Once you figure out the monetary concerns and the risk of being put out of business, hiring documented workers will start looking pretty cost effective by comparison.

As the co-owner of Corra, a background checking company I have seen increased concern among out clients, regarding the new crackdowns on undocumented workers and the companies who hire them. Lets face it no one wants to be shown in a poor light; especially a thriving business that is makes headlines for being the subject of a raid by the INS. They always leave such a mess.

Seriously, this is not a good way to be featured on the six oclock news. It is poor branding when a substantial percentage of your employees being hauled off in handcuffs, or worse, the ever popular nylon pipe ties the police use when arresting larger crowds. Its embarrassing, and has the potential for driving away prospective clients. Existing clients may also be none too thrilled you are hiring illegal, ooops, so politically incorrect of me, undocumented workers. Not everyone agrees with or approves of this measure as a feasible cost cutting procedure.

So what to do? Be realistic and confront the reality the party may well be over for hiring undocumented workers. Once you come to this realization, you and your business must take action to protect yourself against federal or state crackdowns that can possibly close you down or leave you a whole lot lighter in your bank account. The increasingly heavy fines and potential loss of business can far outweigh whatever savings you gain by hiring the undocumented. Now finding documented workers who will perform the same tasks, well that is another matter and another part of the discussion.

The only real way to protect your business is to demonstrate due diligence in your hiring practices. You should have an employment screening program in place that conducts criminal background checks as well as Social Security Traces and, possibly, I-9s. I-9 reports are somewhat cumbersome and take some time to return. Social Security Traces usually return the same day.

Just checking to see if a Social Security number is valid or not really isnt enough. That kind of effort will reveal that, yes, the social security number is valid. But then, the main issue is whether or not it truly belongs to your candidate. Thats why an actual social security trace is so important.

The SSN trace is lifted off a credit header and shows all the names attached to that number. It is easier then to discern who the rightful owner is and who are the interlopers. At Corra we are never surprised when we see one additional name or more attached to the same social security number. Undocumented workers buy social security numbers on the black market and often give it out to their ten best friends. This is but one of a number of ways to obtain a legitimate number and use it for illegitimate purposes.

You should also run a criminal check on your new candidate. It may be painful enough to hire an undocumented worker with all the new crackdowns. It is even more painful if that job candidate turns out to have a criminal record. Then of course there is the Drivers License. Is your worker driving for you, and does he have a valid drivers license? If not, and should he injure someone in an accident, not only are you facing the penalties for hiring undocumented workers, you may well be liable for damages.

These are but a few things to consider in a changing landscape. As the old commercial used to say, pay us now or pay a whole lot later. This is your choice. Usually, the answer is obvious. Do yourself a favor and check them out before you hire.

Gordon Basichis is the author of the best selling Beautiful Bad Girl, the Vicki Morgan Story, a non-fiction novel that helped define exotic sexuality in the late twentieth century. He is also the author of The Constant Travellers, a new age, fantasy Western. He recently finished a new book Chinese Takeout, a Roman A'Clef detailing Chinese Espionage in the United States. A professional marketing executive, Basichis is also co-founder of the Corra Group http://www.corragroup.com specializing in pre-employment and online dating background checks, as well as corporate research and investigation.

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