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  Oracle Tips by Burleson

Immigration Reform and Control Act of 1986 (IRCA)

The provisions of the IRCAapply to actions by employers regarding hiring, terminating, and recruiting or referring employees for a fee. Under IRCA, it is unlawful for employers of four or more employees to:

  • Discriminate based on citizenship status against U.S. citizens, U.S. nationals, and the following classes of aliens with work authorization: permanent residents, temporary residents who have processed through the legalization program, refugees, and those granted asylum.

  • Discriminate based on national origin against U.S. citizens, U.S. nationals, and authorized aliens.

Employers must verify the identity and employment eligibility of hiring candidates, including potentially new IT employees, by completing the Employment Eligibility Verification Form(I-9). All I-9 forms must be kept on file by the employer for at least three years, or for one year after employment ends, whichever is longer.

The above book excerpt is from:

You're Fired! Firing Computer Professionals

The IT manager Guide for Terminating "With Cause"

ISBN 0-9744486-4-8

Robert Papaj

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