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Hire date vs. Start Date

What date needs to be put on the I-9 the Start date or Hire Date. For example the employee accepts the position and clears the Background check process. They come in to fill out all new hire paperwork including the I-9 on Monday but will not actually start work until wednesday, what date should go on the I-9

The date on the I-9 form needs to be the date the employee is actually filling the form out. This can be the hire date, rather than the start date.

Suppose Tom was offered a position at XYZ company yesterday and accepted. Today, Tom comes in to fill out his new hire paperwork, even though he is not actually starting the job for a week. Tom and his employer will put todays date on the paperwork.

You are right to question this, because employers cannot require applicants or interviewees to complete the I-9, or to show I-9 supporting documents. Using the I-9 as a screening tool is illegal discrimination, under the law. However, once the candidate has been offered and accepted a job, it is legal to have them fill out the I-9 and other paperwork, even prior to their first day of work. Many, if not most, employers do this.

While the overwhelming majority of employers have workers complete the I-9 on or before their first working day, technically the law permits the form to be complete up to 3 days after the employee starts work.

Employers who use E-Verify are also permitted by law to verify employment eligibility after the employee has accepted the job, but before he or she actually starts working. By law, if the E-Verify system is used, it must be done within 3 days after the employee starts work. (A new regulation for 2009 requires federal contractors to complete E-Verify with current employees on certain projects. )

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This entry was posted on Friday, October 17th, 2008 at 10:00 am and is filed under
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3 Responses to “Hire date vs. Start Date”

  1. Rosie Carlos Says:

    What is the difference between the hire date and start date.

  2. Caitlin Says:

    Hi Rosie! The hire date is the date a new employee is hired, meaning the paperwork to put the employee on payroll, including the I-9, is completed. The start date is the date the date the employee actually begins to work. At most companies, these are different dates. Example: Suzie interviews and is offered the job of receptionist. She accepts. On October 1, Suzie goes to the office and completes all the necessary paperwork, including the I-9. (By law, this cannot be done before a job offer is made.) On October 4, Suzie actually starts her first scheduled shift with the employer. This gives the employer time to do a background check and verify Suzies I-9 information before actually putting her to work. HTH, and thanks for reading the blogs!~ Caitlin

  3. Debbie Says:

    I want to know if someone works for 3 days and the employer does give the application w4 etc until a week after that is that illegal that they are on the job and paper work never signed etc

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