If an employee receives a tentative nonconfirmation (TNC), but then is injured and off of work, does the injury suspend our employee's responsibility to resolve the TNC?
An employee that is off work while receiving workers’ compensation benefits is still responsible for resolving a TNC. However, DHS understands that if an employee is unable for medical reasons to complete the resolution process, a delay in the TNC resolution process might be warranted. To delay the resolution process, the employer should close the E-Verify case by choosing 'The case is invalid because the data entered is incorrect.' For more information on how to close a case, review the E-Verify ser anual.
After closing the case, the employer should immediately create a new E-Verify case for the employee. The employer should leave the case in TNC status and not print the TNC Notice or initiate the referral to SSA or DHS until the employee is medically capable of completing the TNC process.
After the employee returns to work, the employer can resolve the case with the employee. The employer must print the TNC Notice and if the employee chooses to contest the TNC, the employer would then print the referral letter and initiate the referral to the appropriate agency (either SSA or DHS). A Final Nonconfirmation Notice will be generated if the employee does not contact SSA or DHS within the eight federal business days as indicated on the referral letter. The employer may not fire, suspend, delay training, withhold or lower pay, or take any other adverse action against an employee based upon the employee’s decision to contest a case result.
DHS monitors E-Verify transactions to ensure employers comply with E-Verify procedures. To the extent possible, the employer must document the reason for the invalid case. The employer may reasonably expect to receive a phone call, letter or email from DHS regarding their E-Verify use as a part of DHS’s compliance assistance operations.