Sample Letter - Retaliatory Reverification (Page 2 of 2) in pdf

[DATE]

[EMPLOYER’S NAME]

[EMPLOYER’S ADDRESS]

Dear [Name]:

I have been an employee at [name of employer] for [number of months/years at job]. On or around

[date] I [details about the complaint you made or action you took to assert your workplace rights ].

On or around [date] you requested that I provide [documents your employer requested] to re-verify

my eligibility to work in the United States even though I already provided satisfactory documentation

of this upon my hire. I am writing to let you know that I do not believe you have a legal right to make

this request and that if you proceed with this request, you may be violating the law.

Your request may violate the Immigration Reform and Control Act (“IRCA”), 8 U.S.C. § 1324b, which

imposes penalties upon employers that unlawfully re-verify their employees’ work authorization.

Under IRCA, there are few circumstances when an employer is required to re-verify the work

eligibility of its employees—for example, when it learns with certainty that an employee is not

authorized to work in the United States, or when federal immigration authorities have informed the

employer of problems with its employees’ documents. If an employer attempts to re-verify

employees’ work authorization in other situations, however, it may violate IRCA. Since I do not

believe that you are legally required to re-verify my work eligibility, your demand that I provide

[documents your employer requested] is questionable and might expose you to legal liability under

federal law.

This request may also be unlawful because its timing strongly suggests that it is retaliatory. It is

illegal for employers to use immigration law or the I-9 process to retaliate against employees who

have asserted their workplace rights. Contreras v. Corinthian Vigor Insurance Brokerage, Inc., 25

F.Supp.2d 1053 (N.D. Cal. 1998); Singh v. Jutla, 214 F.Supp.2d 1056 (N.D. Cal. 2002). Under

California law, an employer’s business license can be suspended if it engages in retaliatory “unfair

immigration-related practices,” including requesting more or different documents than those

required under IRCA. Cal. Labor Code § 1019. Here, you requested that I provide you with

[documents requested] shortly after I [activity you engaged in to assert your workplace rights].

These circumstances strongly suggest that your renewed request for additional documents

constitutes unlawful retaliation.

In light of the above, please confirm that you will no longer require me to provide these

documents. I look forward to my continued employment with [employer’s name].

Sincerely,

[YOUR NAME]

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Sample Letter - Retaliatory Reverification Page 2