Undocumented, non I-9 verified employees

August 28, 2024
by a searcher from Charles Sturt University in New Jersey, USA
Hello searchers,
I am looking at a target that has some undocumented workers. I understand that they are all in the process of legalizing their status but they are not there yet. It is difficult to hire the skill set and typically these workers are your best bet, hence the owner has done so and that has been the case for past 30 years. What risks do you think it poses from an employer standpoint and are there any ways to mitigate them?
Thanks!
from Harvard University in Charlottesville, VA, USA
The idea that the existing workers are somehow legalizing their status sounds suspicious. Moreover, what happens to the liability and legal issues that might arise if one of these workers or the government brought up a suit against the company post-acquisition (even if it was an asset purchase)? Another issue to consider is what happens to the cost and operational stability of the business if all these workers left and you replaced them with legal ones.
As others have mentioned, talking to a professional such as a labor attorney is probably a must. Good luck!
from University of Connecticut in Connecticut, USA
Not a direct answer to your question, but hope the extra considerations help!