Civil and Criminal Penalties for Hiring illegal workers lawyers
Civil and Criminal Penalties for Employing Unlawful Workers: What Employers Must Know
The government’s focus on immigration and employment law has increased in recent years, leading to more employers being held accountable for employing unauthorized workers. For companies that do not comply with the legal requirements for hiring and employing workers, civil and criminal penalties such as fines, lawsuits, legal charges, and imprisonment may result. Therefore, employers must be aware of the consequences of hiring undocumented workers and seek the guidance of experienced attorneys who specialize in immigration and employment law.
Differentiating between Civil and Criminal Penalties
To understand what legal actions a company may face when employing unauthorized employees, it is crucial to know the distinctions between civil and criminal penalties.
Civil penalties refer to administrative fines resulting from an employer’s non-compliance or loss after status-verification procedures required by law. As per the Immigration and Nationality Act (INA), employers can face civil fines ranging from $539 to $21,563 for not meeting the necessary requirements each time they hire someone without proper authorization.
On the other hand, criminal penalties entail jail sentences and fines. Employers who willingly employ illegal workers can face criminal charges resulting in up to six months imprisonment with a fine of up to $3,000 per worker. Employers must note that encouraging employees to work without authorization can also lead to them facing criminal charges.
It is worth noting that illegal workers themselves face various legal consequences such as deportation, fines, or even banishment from entering the United States. These federal penalties serve as a warning about how seriously authorities take these offenses.
How Employers Can Avoid Legal Penalties
Employers must ensure every employee has authentic documentation that permits them to work legally in America if they want to avoid any punitive measures regarding engaging unauthorized staff members. Thus before hiring anyone, employers should ascertain all identifying documents’ legitimacy. They ought to verify whether their new hires have work authorization using the government-provided I-9 form.
If employers still have doubts about an employee’s documentation or legal status, they can consult an Immigration and Employment lawyer for guidance. These lawyers specialize in employment screening standards and can offer counsel on HR department’s legal procedures to follow.
Hiring Lawyers for Assistance
Employing specialized attorneys can help employers steer clear of any legal issues that may arise from illegal hires. Employers who wish to comply with all the required laws while avoiding unexpected legal problems should seek the guidance of lawyers skilled in employment and immigration law. Such attorneys are knowledgeable about employee screening procedures and can provide counsel on adhering to such compliance requirements.
The powers given to the federal authorities regarding civil and criminal charges against illegal workers’ hiring cannot be taken lightly. Companies that deliberately employ unauthorized workers are likely to encounter various legal issues such as fines, lawsuits, suspended licenses, and even imprisonment. Employers must ensure full compliance with all employment verification legislation while involving experienced attorneys when necessary to avoid these punitive measures. Ultimately, taking necessary steps towards prevention secures employees within the state’s laws framework necessary under national regulations.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS