New Confessed Identity Scenarios (NCIS): When an Employee Discloses a Different Legal Identity

At Monty & Ramirez LLP, we devised the term new confessed identity scenarios (NCIS) to help our clients understand what to do when an employee discloses a different legal identity. Sensitive legal and human resource challenges can arise when an employee admits that they previously used a false identity or fraudulent documents to obtain employment with your company.

As the employer, you need a structured, compliant process to update records and support the employee when they confess that they have a different legal identity. Our skilled immigration attorneys could explain what NCIS might mean for your operation and how to handle it.

What Immediate Steps Should You Take When Faced With NCIS?

When a worker assumes a new legal identity, it is important to seek legal counsel to discuss the situation. You do not want to attempt to navigate complex employment and immigration laws alone.

Start by talking to the employee privately, gathering facts, and reviewing the original and new documentation. After assembling this information, our attorneys could help you investigate to understand the nature of the identity change, whether it is due to marriage or divorce, identity theft, or a change in immigration status.

Develop a Compliant Process To Verify Legal Documentation

Once you discover an employee used a different legal identity to gain employment at your company, the actions you take next are crucial. The process for NCIS typically involves several key steps that navigate legal, HR, and payroll requirements.

Start by verifying the employee’s legal documentation. As an employer, you must request and verify official documentation that supports the employee’s new legal identity, such as a new Social Security card, an updated driver’s license or passport, or a legal name change order from a court. You must complete a new I-9 for the person who is coming forward with a new confessed identity. Most importantly, you must keep the old I-9 with the newly completed I-9 for your records.

Discuss Your Company’s New Confessed Identity Scenario With an Experienced Immigration Attorney Today

In new confessed identity scenarios, your company must take swift action to protect itself from potential financial penalties and legal issues that may arise when an employee discloses a different legal identity. The experienced attorneys at Monty & Ramirez LLP know what works to handle these cases effectively.

If your company is already under an I-9 or ICE investigation, do not wait until federal agents demand access to your records. Contact us to schedule your free consultation with our immigration law firm and get the process started today.