Rehiring and Re-verifying Employees

Reference Number: MTAS-2021
Tennessee Code Annotated
Reviewed Date: June 13, 2019
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When an employer rehires an employee, the employer must ensure that the individual is still authorized to work. This is done by completing a new Form I-9 or the employer may re-verify or update the original form by completing the Reverification and Rehires section (Section 3). If an employee, who has previously completed a Form I-9, is rehired, the employer may re-verify on the employee’s original Form I-9 if:

  • The employer rehires the employee within three years of the initial date of hire; or
  • The employee remains employment authorized as indicated on the previous Form I-9;
  • The employee’s previous grant of employment authorization has expired, but he/she is now eligible to work under a new grant of employment authorization;
  • If you already used Section 3 of the employee's previously completed Form I-9.

To re-verify, the employer must:

  • Record the date of rehire in Block B of Section 3;
  • Record the document title, number and expiration date (if any) of the document(s) the employee presented in Block C;
  • Sign and date Section 3;
  • If re-verifying on a new Form I-9, write the employee’s name at the top of page 2 and complete Section 3; and
  • Re-verify the employee on a new form if the previous version is no longer valid.

NOTE: U.S. Citizens and noncitizen nationals never need reverification.

To update an employee's name (optional), the employer must:

  • Record the date of rehire in Block B and the employee’s new name, if applicable in Block A of Section 3;
  • Sign and date Section 3; and
  • If updating on a new Form I-9, write the employee’s name at the top of page 2 and use Section 3 of the new Form I-9 to update, retaining the new Form I-9 with the previously completed revision.

 

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