Robert Groban, Jr., Quoted in “3 Immigration Worries for Retailers – and How to Ease Them”

Law360

Robert S. Groban, Jr., Member of the Firm and National Chairperson of the firm’s Immigration Law Group (ILG), was quoted in Law360, in “3 Immigration Worries for Retailers—and How to Ease Them,” by Jonathan Randles. (Read the full article - subscription required.)

Following is an excerpt:

Attorneys recommend that retailers provide regular I-9 compliance training and hire an outside expert or assign a staff member to conduct annual audits of a company's forms. If a systemic problem in the way I-9 forms are filled out is discovered by a regulator, fines can add up quickly—especially in retail, according to Robert Groban Jr. of Epstein Becker Green.

“Employers, sometimes, are too exuberant and don't understand what the form I-9 requirements are and, more importantly, what they're not,” Groban said. …

If an employer is too aggressive, or requests extra documents from certain groups of employees, that can open the company up to claims that it is unfairly discriminating against employees it suspects are in the country illegally, Groban said. Retailers should apply employment verification standards evenhandedly and avoid being overzealous.

“There is this inherent tension in the process between doing the verification properly,” Groban said. “There is a reason why the employer is not the guarantor of the document.”