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When an employee is rehired within three years of the initial hire, the employer can simply inspect the previous I-9 (which should still be on file). If it the individual is still eligible to work, the employee’s documents need not be inspected again. The employer would simply need to record the date of re-hire in Section 3.
If an identity document has expired, it does not need to be reverified, as long as it was unexpired when the employee first presented it. However, if an employee’s work authorization has expired, the employer must complete Section 3 to update and re-verify the employee’s work eligibility. Failure of the employee to provide appropriate documentation is grounds for termination.
If the previous form is not available, the rehire is more than three years after initial hire, or if a new Form I-9 has been issued, the employer should complete a new I-9 for the employee (this is always an option).