hola, trabahos?

Discussion in 'Business Operations' started by supercuts, Mar 31, 2008.

  1. supercuts

    supercuts LawnSite Silver Member
    Messages: 2,815

    eating dinner tonight when we get a knock at the back door. i look out and there is a mexican, he wants to know if we are hiring and wants an aplication. very polite, spoke english, etc. i asked if he needed to be paid by cash or check to see if he was legal and he said a check is fine, but he dosent have a licence. ive always wanted mexicans because i think they are great workers but i dont want to get into trouble for illegals.

    im not looking for a debate on whether its right or wrong to hire illegals, i want to know if he doesnt have a licence how do i check him out to make sure he's legal? im dont want to get into any trouble with illegals
  2. js.lawn

    js.lawn LawnSite Member
    Messages: 166

    well if your payin by check you got ss # check him that way
  3. KrayzKajun

    KrayzKajun LawnSite Fanatic
    Messages: 10,737

    true! name and address go run a background check!
  4. supercuts

    supercuts LawnSite Silver Member
    Messages: 2,815

    ive never had to verify a ss number before, ive her stories about them using fake numbers. i guess ill have to call the dept of social security
  5. pinto n mwr

    pinto n mwr LawnSite Senior Member
    from gr8, mn
    Messages: 422

    if he/she provides a ss# technically all you woul have to do is check and see if it valid or not. If it is valid then you are clean. For that guy, its a different story. I've dealt with this before and will probably deal with it again.
  6. Tony Clifton

    Tony Clifton LawnSite Senior Member
    Messages: 865

    Actually a ssn does not cut it anymore...even if it checks out. You are required to have a form I-9 completed by ALL employees. If he provides you withh all of the documentation required you have done your part. (the documention is fairly extensive, if you give him the form and he fills it out completely and provide the documentation, he is most likely legal.) Most times the second a person that is not of legal status sees the form they will take it and not return.
  7. IA_James

    IA_James LawnSite Silver Member
    from Iowa
    Messages: 2,592

    Nice. You talk about hiring an illegal immigrant like you would buying a car. "I've always wanted a Camaro, they are cool cars". Way to support your country.:usflag:
  8. txgrassguy

    txgrassguy LawnSite Gold Member
    Messages: 3,083

    Unless the I-9 form has changed with-in the last three years this isn't exactly correct/accurate.
    What will hang you is that you, as the verification person, has to sign the I-9 form which, if fraudulent, becomes a UCC violation thereby allowing either the state or federal government grounds to seize your assets.
    The best thing to do is to 1099 the individual thereby making him/her responsible for their own with-holdings yet this to becomes a quagmire depending upon if you set the work day, pay scale or dictate a schedule. Then the IR freaking S will consider 'ol Pancho an employee meaning you become responsible for all of the reporting criteria.
    The old rule of thumb of five 1099 people before they are employees has gone the way of honest politicians - no more to be seen.
  9. MowHouston

    MowHouston LawnSite Bronze Member
    Messages: 1,012

    Read his post again. He never said he wanted to hire an illegal immigrant. He said Mexicans and in fact, he doesn't want to get in trouble for hiring an illegal if this guy pulls the wool over his eyes.

    He also said he didnt want a debate. People cant keep their **** to themselves. :rolleyes:

    My opinion: Give them the proper paperwork and you shouldn't have a problem.
  10. IA_James

    IA_James LawnSite Silver Member
    from Iowa
    Messages: 2,592

    Yeah, he has some guy that "speaks English" show up at his back door at supper time wanting a job. Doesn't call, nothing. Shows up on the porch. Yeah, sounds legit.:hammerhead: He just says he doesn't want to get in trouble for hiring an illegal, nothing about not actually wanting one. He just wants to be able to cover his ass. The reason he doesn't want a debate is because he doesn't think he can win one.

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