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] 4 points 5 hours ago

Isn't there some document they don't have that you need? In Canada you would be asking for their SIN number so payroll can complete the hiring process. No SIN? Oops sorry we can't hire you because the paperwork is incompletable.

If you guys have no equivalent over there then I don't see how it's your problem.

[–] [email protected] 12 points 10 hours ago (1 children)

Bro this is simple. Just say we can't hire u as u have not proven your right to work in this country. U don't need to pussyfoot around the issue or let them down slowly. Just drop the truth and move on. Ur over-thinking a simple thing.

[–] [email protected] 3 points 5 hours ago* (last edited 5 hours ago) (1 children)

I've always been asked to show I'm authorized to work whenever I work. Isn't this true for all jobs?

This post (op) seems likes bait imo.

Unless your boss is hiring under the table, I can't see see how the normal HR hiring process wouldn't weed out someone not authorized to work.

Maybe do your job and let HR do theirs?

[–] [email protected] 1 points 4 hours ago

My post isn't bait. We've gone through the process with HR and then found that the applicant may not have work authorization.

[–] [email protected] 6 points 11 hours ago

Sponsor them, if possible.

[–] [email protected] 18 points 12 hours ago

You talk to your legal and hr team not internet randoms.

You have 2 options.

  1. Don't hire them as they are unable to work in your country.
  2. Talk with your hr and legal teams about sponsoring their visa. This is quite common and something that an outside org can facilitate for you.
[–] [email protected] 5 points 13 hours ago

Large companies have an international team within HR that will sponsor the prospective employee for a work visa.

For smaller companies, the answer is always the same, get a lawyer

[–] [email protected] 31 points 18 hours ago (1 children)

Not hire them if they're actually unable to prove their right to work. Lol.

[–] [email protected] 4 points 18 hours ago (1 children)

Yeah, but I'm trying to keep this interaction from being a red flag.

[–] [email protected] 12 points 18 hours ago (1 children)

"We are unable to employ you because you failed to prove your right to work in the United States of America". Could be a trump goon as well. Wouldn't put it past him.

[–] [email protected] 7 points 13 hours ago (1 children)

Your first instinct is that an assumed illegal immigrant is a trump goon?

[–] [email protected] 0 points 5 hours ago

I wouldn't put it past the trump administration to employ people to refuse to show right documentation to see if a business is hiring illegal immigrants or not

[–] [email protected] 2 points 19 hours ago* (last edited 19 hours ago) (1 children)

"May not"?? What is that even supposed to mean? Were they Applying While Brown or something? Talking with an accent?

It sounds an awful lot like this isn't something to stick your nose in and you should do your job, to me.

Edit: wait, are you the interviewer in this situation?

[–] [email protected] 7 points 19 hours ago* (last edited 19 hours ago) (2 children)

We were going to hire them, but they can't show proof of working in the country.

And since I recommended that they get hired and they can't show the right paperwork, it is becoming my job on how I should proceed.

Edit: Yeah, I was the one interviewing.

[–] [email protected] 1 points 14 hours ago

Ok, sorry, I read it differently when I first commented. Asking for proof of eligibility to work in the US with a reasonable timeline to furnish documents definitely seems like it makes sense like others said, but I'll admit this isn't my area of expertise by a long shot in terms of hiring protocols and my initial comment was from entirely the wrong perspective to address your dilemma.

[–] [email protected] 19 points 19 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 19 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 16 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 18 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 18 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 18 hours ago (1 children)

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

[–] [email protected] 13 points 18 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 19 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 19 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 13 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 18 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 18 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 18 hours ago

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

[–] [email protected] 14 points 19 hours ago (1 children)

I really hope you mean to say "hiring" instead of "hitting"

The simple answer is just don't hire them, and don't give any reason.

[–] [email protected] 3 points 19 hours ago* (last edited 19 hours ago) (1 children)

Yeah, I am hiring. I edited this.

My issue is trying to unwind this as humanely as possible for the applicant.

[–] [email protected] 12 points 19 hours ago (1 children)

Unless there's some method for you to help them become eligible to work in your country, you legally need to put the company's safety first. If you give different reason to hide things you could be exposing your company to liability, so the safest option for both the company and for the applicant is for you to straight up ghost them.

[–] [email protected] 5 points 19 hours ago (5 children)

The problem is that there is a recruiter as a middleman. This would be a lot easier if there wasn't a third party fiscally interested in this.

[–] [email protected] 9 points 16 hours ago

the recruiter should have vetted them better. Part of the reason to go through a recruiter is to avoid these things.

[–] [email protected] 14 points 18 hours ago* (last edited 18 hours ago)

It's pretty simple, the candidate didn't meet the requirements.

Not sure why you're involved, this is an HR and legal issue. If HR said they don't have docs showing eligibility, then that needs to be reported to the recruiter, otherwise they're going to recommend this person to somewhere else, and run into the same issue. How would you feel if you were in their shoes?

Whether someone can legally work somewhere is not your problem to solve, unless you can actually do something, like help them submit appropriate paperwork (I've done this for employees who were temps, to help them get more permanent status).

[–] [email protected] 6 points 18 hours ago* (last edited 18 hours ago)

The recruiter sent you an inelligible candidate. That's just as much their problem as it is yours.

[–] [email protected] -2 points 18 hours ago

What if it's also a trap set by trump goons. Wouldn't put it past them.

[–] [email protected] 4 points 18 hours ago (1 children)

Yehn just tell the recruiter that they were impressive in interview but seemed not suitable in the role.

[–] [email protected] 3 points 18 hours ago (2 children)

We already expressed going forward with the candidate.

[–] [email protected] 4 points 16 hours ago

If you are in the HR department call your legal department. If you are not in the HR department, call HR.

[–] [email protected] 6 points 18 hours ago

You could tell the candidate your concern and they could say that negotiations have failed to the recruiter, as could you and then you both are pulling out.