When you receive a case result of case in continuance, can you terminate?
Asked by: Anahi West | Last update: April 9, 2025Score: 4.4/5 (17 votes)
When you receive a case result of Case in Continuance, you can terminate the employee because DHS and/or SSA needs additional time to review the employee's case.
What do you do when you receive a case result of employment authorized?
'Employment Authorized' is considered both an initial case result and a final case result. This means that the only additional step required is to close the case in E-Verify.
What is a case continuance?
A continuance may be requested when a party needs additional time to appear on a matter or comply with a court order. The prosecution, the defense or the judge may continue a hearing.
Which of the following are you required to do if you have the case result review and update employee data?
A Review and Update Employee Data case result occurs for reasons including typographical errors and/or incorrect information provided on Form I-9. This requires the employer to review Form I-9 with the employee make any necessary corrections on Form I-9, and update the information in the E-Verify case.
What does a final nonconfirmation case result mean?
Your case received a Final Nonconfirmation because either SSA or DHS could not confirm your information or you did not visit an SSA field office or contact DHS within the required time period to address your Tentative Nonconfirmation (TNC).
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When you receive a case result of case in continuance, you can?
When you receive a case result of Case in Continuance, you can terminate the employee because DHS and/or SSA needs additional time to review the employee's case.
What to do when you receive a TNC?
If you receive a Final Nonconfirmation result, you or your employer can request additional review by calling E-Verify at 1-888-464-4218. In a further review, E-Verify may revisit a case result and issue a Status Update Letter to the employer and employer agent, if applicable, as well as notify you.
What is the 3 day rule for I-9?
As an employer, you or your authorized representative must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of your employee (the hire date means the first day of work for pay).
What does a tentative nonconfirmation mean?
A Tentative Nonconfirmation (mismatch) case result means the information you entered into E-Verify from an employee's Form I-9 does not match records available to the Department of Homeland Security (DHS) and/or Social Security Administration (SSA) and must be acted upon by the E-Verify employer with 10 federal ...
Can employers take adverse action against employees who take action to resolve a mismatch if it takes longer than 10 days to resolve?
Note: Your employer cannot take adverse action against you—including terminating employment, suspending employment, withholding pay or training, delaying a start date, or otherwise limiting employment—because of your decision to take action to resolve a mismatch case result while your E-Verify case is still pending ...
Is a continuance a good thing?
Good reasons for requesting a continuance include unforeseen personal emergencies, the need for additional time to prepare the case, the unavailability of a key witness, or obtaining new evidence that could significantly impact the outcome of the case.
Can you deny a continuance?
They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation. A determination on a continuance usually comes down to whether the party seeking the continuance has acted with proper diligence in preparing their case.
How many continuances are allowed in court?
Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied. (The judge could also reprimand the lawyer.)
What is an authorized cause for termination?
Grounds for Termination
Serious misconduct or willful disobedience; Gross and habitual neglect of duties; Fraud or willful breach of trust; Commission of a crime or offense by the employee against his/her employer, the employer's immediate family or his/her duly authorized representatives; and.
When you receive a case result of employment authorized, your next step is to do which of the following: Quizlet?
Your next step is to record the case verification number on the employee's Form I-9 and/or print a copy of the case details and file them with the employee's Form I-9. Then, simply close the case in E-Verify! After you close the case, you have completed the verification process!
What should you do with the further action notice?
Review the Further Action Notice with the employee in private and instruct the employee to confirm whether the information listed at the top is correct. If you determine that you entered information incorrectly, select the statement indicating the information was not correct, then click Close Case.
When you receive a case result of case in continuance?
A Case in Continuance status indicates that the employee has contacted DHS and/or visited an SSA field office, but more time is needed to determine a final case result. The reason DHS or SSA needs more time varies with each situation. Employers should check E-Verify periodically for case result updates.
What is the final nonconfirmation case result?
A case can receive a Final Nonconfirmation result when E-Verify cannot confirm your employee's employment eligibility after they: • Visited a Social Security Administration (SSA) field office and/or contacted Department of Homeland Security (DHS) during the Tentative Nonconfirmation (TNC) referral process; • Failed to ...
Do you close the case after final Nonconfirmation?
Employers must close the case once a case receives a Final Nonconfirmation result. The employer may terminate employment based on a case result of Final Nonconfirmation with no civil or criminal liability as noted in “Responsibilities of the Employer,” Article II, Section A, paragraph 13 of the MOU.
How long is an I-9 valid after termination?
Federal regulations state you must retain a Form I-9 for each person you hire for three years after the date of hire, or one year after the date employment ends, whichever is later.
What is an E-Verify case?
E-Verify is an Internet-based system that compares information entered by an employer from an employee's Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility.
What is the 9o day rule?
The 90/180-day rule states that any foreign national who enters the Schengen zone (any country within the area) can stay for up to 90 days within any 180 days. At first glance, it seems a very simple rule, but it's often misunderstood, and many people overstay it, resulting in them facing penalties.
Can someone work with a tentative nonconfirmation?
Your employer must inform you that your E-Verify case received a mismatch. It is possible to receive a dual mismatch, which means the case received a mismatch result from both SSA and DHS. A mismatch case result does not necessarily mean that you are not authorized to work in the United States.
How long does it take to resolve a TNC?
Tell the employee he or she has to decide whether to take action on the TNC by the 10th day after TNC is issued. If your employee does not give you their decision by the end of the 10th federal government working day after E-Verify issued the TNC, then you close the case.
What to do with a TNC?
To refer a TNC Case to DHS or SSA
To do this, you will need to refer the case to the DHS or SSA. Once referred, the employee has 8 federal work days to contact the DHS or the SSA. The employee must be allowed to continue working while they resolve the mismatch.