Beginning January 1, 2009, Clemson University will begin implementing electronic employment verification on all new hires through E-Verify in compliance with South Carolina state law.
E-Verify is an internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) for the electronic verification of employment eligibility for new hire employees. Effective January 2009, E-Verify will become mandatory in the state of South Carolina.
What do the E-Verify results mean?
I have been notified my prospective new hire received a “SSA Tentative Noncomfirmation (TNC)”; what does that mean and what do I do?
Human Resources will notify the employee and provide the employee with information on how to resolve the information mismatch. The employee has eight (8) federal working days to contact the appropriate agency to resolve the information mismatch. During this time, the employee can still continue to work, receive training, etc.
My new hire received a TNC, can I hire someone else instead?
No. Clemson University can take no adverse action against an employee because they are contesting the mismatch of information. The employee has eight (8) federal working days to contact the appropriate agency to resolve the information mismatch. Employment, training, and/or pay (including but not limited to) cannot be withheld while an employee is contesting the TNC.
What if my new hire refuses to or does not contact the appropriate agency within the 8 days?
If an employee that receives a TNC chooses not to contest the result or does not contact the appropriate agency within the 8 days, it is considered a “Final Noncomfirmation” and the employee can be terminated.
Will everybody be run through E-Verify?
All new hires entering into paid positions for Clemson University will be run through E-Verify beginning January 1, 2009. This includes, but is not limited to: Faculty, Staff, Intermittents, Temporary Employees, Students, Temporary Grants, Time Limited. Employees already hired before January 1st will not be run through E-Verify.
How will I be affected by the use of E-Verify?
Departments and Budget Centers will not be responsible for entering new hires into E-Verify. Clemson University Human Resources will enter all new hires into E-Verify. Employment documents (i.e. I-9 Form, proof of identification and eligibility of employment) must be received by HR within 48 hours (2 days) of the employee’s start date. This can be 2 days before or 2 days after the employee’s start date.
What are the requirements for E-Verify compliance?
All new hire employees must be entered into E-Verify no later than 72 hours after the employee’s start date and no earlier than 72 hours before the employee’s start date. Hire documents (i.e. 1-9 Form, identification, etc) must be received by HR within 48 hours (2 days) of the employee’s start date to give HR ample time to enter the employee.
What happens if HR doesn’t receive the hire documents within 48 hours?
If an employee is entered into CUBS and HR does not receive the necessary hire documents within 48 hours, the budget center will be notified. If the documents are then not received within 24 hours of notification (or 72 hours from the date of hire), the employee will be terminated.
Can I enter someone into CUBS with an effective date more than 72 hours from the current date?
An employee may be entered into CUBS with a hire effective date more than 72 hours before the current date as long as the employee has accepted an offer of employment. Employees cannot be entered into CUBS more than 72 hours after the current date as they cannot be entered into E-Verify more than 72 hours past their first day of work.
What is the penalty for non-compliance with E-Verify?
Compliance with E-Verify is achieved through compliance with Form I-9 requirements. Non-compliance with these requirements will result in a fine of up to $1,000 per individual. Repeat violations can result in civil action being brought upon Clemson University which can result in a permanent or temporary injunction and a removal of hiring privileges. Any fines incurred by Clemson University as a result of departmental non-compliance with Form I-9 requirements will be paid by that department. Departments with a history of non-compliance will be placed into a hiring injunction by Clemson University.