TMZ has posted the Whitman nanny's job application and the employee's I-9. It's not clear whether Whitman or the agency handled the I-9 and that's because the form itself is not signed and dated by the employer or its agent as required by law. The form also doesn't have a social security number under the List C documentation, another violation. Because the form is not signed or dated by the employer, it is far from clear that the employer even examined the documents presented. Keep in mind that Abercrombie & Fitch got a $1 million fine this week for violations of just this sort.
Incidentally, even if Whitman's nanny agency handled the I-9, that doesn't let her off the hook for violations in completing the form. The nanny agency was not the employer - just the agent and so Whitman and her husband are still liable for employer violations. There appear to be paperwork violations. There could also be liability for "knowingly" employing someone illegally if the facts show that despite the presentation of a bogus social security card, the employer had independent knowledge or "constructive" knowledge that a worker was out of status. Certainly the fact that the I-9 was never signed by the employer means that the defense of saying that you looked at the documents presented and they appeared valid is not going to be readily available.
And here is the info on Abercrombie & Fitch's $1 million fine. From AP:
A federal agency is issuing a $1 million fine against Abercrombie & Fitch over the way the clothing retailer kept track of the employment eligibility of its workers.
The U.S. Immigration and Customs Enforcement Office said Tuesday that the fine stems from an inspection of Abercrombie's stores in Michigan.
The agency says it found nothing to indicate that the New Albany, Ohio-based company knowingly hired any illegal immigrants.
Investigators say Abercrombie has taken steps to correct its immigration compliance program.
Whitman I-9 -
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