this post was submitted on 28 Apr 2025
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I had someone apply for a job through a recruiter at my company and passed the interview with flying colors. However, it has come across after the interview that they may not have the legal ability to work. The company I work for is audited regularly, so I can't have hiring them swept under the rug.

How do I deal with this without jepordizing the applicant?

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[–] [email protected] 19 points 22 hours ago (1 children)

Well, they have to show proof of ability to work in the country. If they can't, they don't get the job.

Consult your HR department. Likely they will give a reasonable timeline for the appropriate documents to be provided and if they can't furnish proof of work eligibility, they don't get the job.

[–] [email protected] 5 points 22 hours ago (4 children)

I've been consulting with HR. They've come to the conclusion that the applicant probably isn't able to work. I'm just trying to wind this down.

[–] [email protected] 9 points 20 hours ago

I understand that your concerned for the person, but simply telling them that they need to produce proof before you can go any further seems fine.

[–] [email protected] 13 points 21 hours ago

This is all HR's problem, not anyone else's. It's what HR is for.

Not sure why they're punting it back to you.

[–] [email protected] 5 points 22 hours ago (1 children)

What country are you in? If USA, you must be able to fill out an I-9. It’s pretty cut and dry. If there is a recruiter involved, they are required to have the potential employee complete one before they refer them.

[–] [email protected] 3 points 22 hours ago (1 children)

US. We've tried to get the applicant to fill out an I-9, which failed.

[–] [email protected] 13 points 21 hours ago

"we would love to hire you, but can't until you fill out this document, I can wait until X date, but after that we will have to hire another applicant. Please get back with us as soon as possible, we would hate to miss out on the opportunity to work with such a highly qualified candidate"

[–] [email protected] 6 points 22 hours ago (1 children)

Well then give the candidate a deadline and move on when/if they can't.

If you are in the US and they aren't able to work in the US legally, I'm sure they are worried that admitting they are not legal would possibly mean getting deported that much faster, so they are looking for a way to sneak out without admitting their status.

[–] [email protected] 4 points 22 hours ago (2 children)

I'm looking to try to unwind this with as little blowback to the applicant as possible.

[–] [email protected] 3 points 17 hours ago

They have to file paperwork with the necessary supporting documents. If they can't, you have no idea why. Maybe it's because they're ineligible and in violation of immigration and visa restrictions. Maybe it's because the documents were lost in a move. Maybe they had their identity stolen and are awaiting new documents. Maybe they just don't actually give a shit about the job and aren't bothering to do the paperwork to start working.

All you can say is that you've asked them to fill out the paperwork and they haven't done so.

[–] [email protected] 8 points 22 hours ago (1 children)

Then don't report them to ICE? Repost the want ad and move on. Treat it like they stopped responding, because they did.

[–] [email protected] 2 points 22 hours ago (1 children)

I'm not going to report them to ICE, but I'm trying to address all the issues of going non-responsive.

[–] [email protected] 2 points 21 hours ago

How would you normally handle someone going dark at this point in the hiring process?