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Can A Contining 1 9 Employment Also Be A New Hire?

As the job market becomes increasingly competitive, it’s not uncommon for employers to rehire former employees as continuing 1 9 employees. But what happens when a company wants to bring back an old employee as a new hire? Is it possible for someone to be both a continuing 1 9 employee and a new hire at the same time? Let’s explore this intriguing topic and find out.

In this article, we’ll delve into the intricacies of continuing 1 9 employment and what it means to be a new hire. We’ll discuss the legal implications of rehiring former employees and whether they can be considered as new hires. So, if you’re curious about the status of returning employees in the workforce, keep reading to discover more.

Yes, a continuing 1-9 employment can also be considered as a new hire. This is because each time an employee is rehired after a break in service, they are required to complete a new I-9 form. The new I-9 form is used to verify the employee’s identity and work authorization. Employers should ensure that all employees, whether new hires or rehires, complete the I-9 form and provide the necessary documentation.

Can a Contining 1 9 Employment Also Be a New Hire?

Can a Continuing 1-9 Employment Also Be a New Hire?

For employers, hiring new employees can be a daunting task. There are a lot of factors to consider, such as job duties, salary, and benefits. But what about the I-9 form? If an employee has been working for your company for a while and is now being hired for a new position, do they need to fill out a new I-9 form? Let’s explore this question in more detail.

What is the I-9 Form?

The I-9 form is a document that verifies an employee’s identity and employment authorization. It is used to ensure that all employees working in the United States are authorized to do so. The form must be completed by both the employee and the employer within three days of the employee’s start date.

The Purpose of the I-9 Form

The purpose of the I-9 form is to prevent the hiring of individuals who are not authorized to work in the United States. Employers are required by law to verify the identity and employment authorization of each employee they hire. This helps to ensure that only individuals who are authorized to work in the United States are employed.

What is a Continuing 1-9 Employment?

A continuing 1-9 employment is when an employee has already completed an I-9 form for a previous position with the same employer. This can occur when an employee is promoted or transferred to a new position within the same company.

Can a Continuing 1-9 Employment Also Be a New Hire?

In most cases, a continuing 1-9 employment does not require the employee to complete a new I-9 form. The employee’s previous I-9 form can be used as long as it is still valid. However, there are some situations where a new I-9 form may be required.

When a New I-9 Form is Required

A new I-9 form is required if the employee’s previous I-9 form has expired or if the employee has had a break in employment of more than one year. Additionally, if the employee’s work authorization has changed, a new I-9 form may be required.

Benefits of Continuing 1-9 Employment

Continuing 1-9 employment can be beneficial for both employers and employees. For employers, it can save time and resources by not having to complete a new I-9 form for each position. For employees, it can make the hiring process smoother and more efficient.

Continuing 1-9 Employment vs New Hire

When comparing continuing 1-9 employment to a new hire, there are pros and cons to both. Continuing 1-9 employment can save time and resources, but may not be appropriate if the employee’s work authorization has changed. A new hire may require more paperwork, but can ensure that all necessary information is up-to-date.

Conclusion

In most cases, a continuing 1-9 employment does not require the employee to complete a new I-9 form. However, there are situations where a new I-9 form may be required. Employers should be aware of these situations and take appropriate action to ensure that all employees are authorized to work in the United States. Continuing 1-9 employment can be beneficial for both employers and employees, but it is important to weigh the pros and cons before making a decision.

Frequently Asked Questions

What is a Continuing 1 9 Employment?

A Continuing 1 9 Employment is when an employee continues to work for the same employer after their original I-9 form has expired. This means that the employer must complete a new I-9 form for the employee to verify their eligibility to work in the United States.

It is important for employers to keep track of when their employees’ I-9 forms expire to ensure that they are in compliance with federal law.

What is a New Hire?

A New Hire is an employee who is newly hired by an employer. This means that the employee has never worked for the employer before and is starting fresh with the company.

Employers must complete an I-9 form for all new hires to verify their eligibility to work in the United States.

Can a Continuing 1 9 Employment also be a New Hire?

No, a Continuing 1 9 Employment cannot also be a New Hire. A Continuing 1 9 Employment means that the employee has already worked for the employer and their original I-9 form has expired. Therefore, the employer must complete a new I-9 form for the employee to verify their eligibility to work.

A New Hire, on the other hand, is an employee who is starting fresh with the employer and has never worked for them before. The employer must complete an I-9 form for all new hires.

What are the consequences of not completing an I-9 form?

The consequences of not completing an I-9 form can be severe. Employers can face fines, legal action, and damage to their reputation if they are found to be noncompliant with federal law.

It is important for employers to take I-9 compliance seriously and ensure that all employees have completed and up-to-date forms on file.

What should an employer do if an employee’s I-9 form expires?

If an employee’s I-9 form expires, the employer must complete a new I-9 form for the employee to verify their eligibility to work in the United States. The employer should notify the employee in advance of the expiration date and provide them with the necessary forms to complete the process.

It is important for employers to keep track of their employees’ I-9 form expirations to ensure compliance with federal law and avoid potential legal consequences.

How to Fill out Form I-9: Easy Step-by-Step Instructions


In conclusion, a continuing 1-9 employment can also be considered a new hire depending on the circumstances. If an employee is rehired after a significant break in service or if their job duties and responsibilities have changed significantly, they may be considered a new hire. However, if the employee is returning to the same position with the same job duties and responsibilities, they would not be considered a new hire.

It is important for employers to understand the distinction between a continuing employee and a new hire as it can impact their benefits, seniority, and other employment-related matters. Employers should review their policies and procedures to ensure they are in compliance with the applicable laws and regulations regarding employment status.

Overall, whether an employee is a continuing employee or a new hire, it is important for employers to treat them fairly and provide them with a safe and inclusive work environment. By doing so, employers can attract and retain top talent while fostering a positive workplace culture.

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