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Q: We rehired a former employee. Do we need to use the same paperwork for rehiring an employee as we do for a new hire?
The company has some discretion here as to whether to collect a full rehire packet or not. We generally recommend that the employee fill out the paperwork again. Keep in mind that there may be documents signed that expressly end when employment is terminated. It is also best to re-issue employment offers so that the rehire is properly documented.
It is always safer to have the rehired employee fill out more paperwork than have them not receive the updated version of a document or have them miss required forms, especially if you are in a state that has extensive new hire paperwork requirements. That said, if the employee is rehired within a few months (or some other very short time frame), you could review the employee’s file and see what employer forms haven’t changed. In either case, the employee will surely need new benefits enrollment paperwork if they are eligible.
One notable exception: If you rehire an employee within three years from the date their Form I-9 was previously completed, you may either rely on the employee’s previously completed Form I-9 or complete a new one. When rehiring this employee, you may ask them to complete a new I-9 (but you must still maintain the original I-9 for the full retention period per I-9 requirements), or you may review the previously completed I-9 and use it.
If the previous I-9 shows the employee’s work authorization is still valid, you can enter the date of rehire in Section 3, along with your name, signature, and the date. And, you may do this even if the initial I-9 is not the current, valid edition. If the employee’s work authorization has expired (as noted in Section 1 of the original I-9), you must re-verify employment authorization in Block C of Section 3 of the current valid edition of the I-9. If this section has already been used, you’ll want to print another Section 3 to complete and attach to the original.
For more information on how GTM advises clients on HR issues like this, contact us at (518) 373-4111.
