Fundamental Payroll Certification (FPC) Practice Exam

To whom does the burden of proof for verifying employee eligibility fall?

1. The job applicant

2. The employer

3. The recruitment agency

4. The federal government

The correct answer is: The employer

The burden of proof for verifying employee eligibility falls on the employer because it is their responsibility to ensure that all individuals they hire are legally allowed to work in the country. This obligation includes properly completing and maintaining the Form I-9, which documents an employee's identity and employment authorization. Employers must not only verify the eligibility of their employees but also maintain records and be prepared to present this documentation to the federal government during audits or inspections. Failure to comply with these requirements can lead to penalties, fines, and legal issues. While job applicants are required to provide valid documentation to support their employment eligibility, the ultimate responsibility for verification and record-keeping lies with the employer, making them accountable during employment verification processes conducted by government entities.