RU-94 Job Offers and Undocumented Workers

Monday, October 14, 2002 | 0

Federal law prohibits employers from making a job offer to an undocumented worker so many employers have avoided using the RU-94, even though they have modified or alternative work available. This has caused some problems at the Rehabilitation Unit where Consultants (understandably) want to see some evidence such work is, in fact, available before issuing a Determination that the employee is not entitled to VR services. A pending change to the RU-94 form may solve the problem for both the employer and the Unit.

The revised RU-94 will contain the statement All employees must present documents required for completion of INS Form I-9 prior to starting modified or alternative work. Employers can send the RU-94 without violating federal law because they have indicated that the prospective employee cannot commence employment without providing legally required documentation. And Unit Consultants will have documentation that a position actually exists. The latter is important because cases such as Del Taco v. WCAB (Gutierrez) (2000) 65 CCC 342 (DCA Published) haven't required the RU-94 but they do require the employer to have some record that modified or alternative work is available.

The revised RU-94 should be effective by 1/1/2003. Those who work with the RU-94 process will need to educate employers to insure they understand the need to document conditional job offers via this revised RU-94.

Contributed by Allan Leno, Leno & Associates, (818) 370-8859. E-mail: allanleno@leno-assoc.com.