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Hiring: Maintenance of original I-9 and other personnel files

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Guidance needed.   This situation is new to me  ...  My employer acquired another company in a different state.  We are in the middle of hiring the existing employees at the other company.  Their employees work in 2 states (AZ and CA).


They completed the I-9s.  Which location is to maintain the original I-9s along with copies of the IDs? Corporate or the acquired location?  We use E-Verify.  Do I need to complete the E-Verify?


Also, what about the other documents:

  • Employment Applications
  • W-4s
  • Benefits: Enrollment forms
  • Disability forms
  • W/C forms
  • LOA forms
  • FMLA forms
  • Etc.


Again, which location maintains the original documents and which location maintains duplicates?


Should I get copies of the original personnel files, benefits files, etc.  So I may maintain the history at Corporate? Or obtain copies?


Next, the acquired company has a different name.  Should the files from the acquired company be maintained at Corporate separately from the files relating  to the Corporate employees?


Does anyone know of a good reference book (primer) to get? If so, what?  From SHRM?


Any guidance is appreciated. 


Thank you.

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From https://www.uscis.gov/i-9-central/mergers-and-acquisitions


The records can be kept at either or both sites.






Employers who have acquired another company or have merged with another company may choose to treat employees who are continuing their employment with the related, successor, or reorganized employer as:

Form I-9

Employers who choose to complete a new Form I-9 may do so before the merger or acquisition takes place as long as the employer has offered the acquired employee a job and the employee has accepted the offer. The employee must complete Section 1 no later than the first day of employment and the employer or the authorized representative must complete Section 2 within 3 business days of the employee’s first day of employment. Employers should enter the effective date of the acquisition or merger as the date each of these employees began employment in Section 2 of their new Form I-9.

Employers who choose to keep the previously completed Form I-9 accept responsibility for any errors or omissions on those forms. Employers should review each Form I-9 with the employee and update or reverify the employee’s information, as necessary.

Employees Hired on or before Nov. 6, 1986

Employees hired on or before Nov. 6, 1986, who are continuing in their employment and have a reasonable expectation of employment at all times, are exempt from completing Form I-9. If you determine that an employee hired on or before Nov. 6, 1986, is not continuing in their employment or does not have a reasonable expectation of employment at all times, the employee may be required to complete Form I-9. For more information and to determine if this applies to any of your employees, see 8 CFR 274a.2(b)(1)(viii) and 274a.7.

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I used to subscribe to a couple of different ones but using the internet is really so much easier and certainly cheaper. The laws at the state level change so often that any book you buy today is going to be outdated in a week or two.

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