1. Capell & Howard, P.C. 2011 Top 10 DO’s and DON’T for Employers under the Alabama Immigration Act Trainer: Thomas M. Eden, III Attorney Capell & Howard, P.C.
2. Capell & Howard, P.C. 2011 2 Don’t knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Alabama
3. Capell & Howard, P.C. 2011 3 DON’Tknowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Alabama You must verify the status of every new employee through the federal E-Verify procedures and fire unauthorized aliens.
6. Capell & Howard, P.C. 2011 7 DO terminate any employee if you become aware of their illegal status The employer could face severe penalties involving probation and suspension of business license.
7. Capell & Howard, P.C. 2011 8 DON’T deduct from state income or business taxes any wages, compensation or remuneration of any kind, whether monetary or otherwise, for services paid to an unauthorized alien
8. Capell & Howard, P.C. 2011 9 DON’T deduct from state income or business taxes any wages, compensation or remuneration of any kind, whether monetary or otherwise, for services paid to an unauthorized alien A business entity or employer who knowingly fails to comply will be liable for a penalty equal to 10 times the business expense deduction claimed.
10. Capell & Howard, P.C. 2011 11 DON’T discriminate An employer may be liable for failure to hire a job applicant who is a United States citizen, or who is an alien authorized to work in the United States, while retaining any employee who the employer knows, or reasonably should have known, is an unauthorized alien. The employer can be sued by the unsuccessful applicant in an Alabama civil action for discrimination under Section 17 and awarded compensatory relief, court costs and reasonable attorney’s fees.
11. Capell & Howard, P.C. 2011 12 DON’T enter into contracts with illegal aliens
12. Capell & Howard, P.C. 2011 13 DON’T enter into contracts with illegal aliens The Act provides that no court shall enforce the terms of, or otherwise regard as valid, any contract between a party and an alien unlawfully present in the United States.
13. Capell & Howard, P.C. 2011 14 DON’T pick up day labor in your vehicle
14. Capell & Howard, P.C. 2011 15 DON’T pick up day labor in your vehicle The Act makes it illegal to stop a vehicle on a street, roadway or highway “to attempt to hire or hire and pick up passengers for work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.” This applies regardless of citizenship or alien status.
16. Capell & Howard, P.C. 2011 17 DON’T house an illegal alien It is illegal to “conceal, harbor, or shield” an alien from detection in any place, including any building or vehicles, if the person knows or recklessly disregards that the alien is illegal in the United States. Similarly, it is illegal to induce an alien to come to or reside in Alabama if the person knows or recklessly disregards the fact that the alien will be in violation of federal law.
17. Capell & Howard, P.C. 2011, All Right s Reserved 18 DON’T transport an illegal alien
18. Capell & Howard, P.C. 2011 19 DON’T transport an illegal alien It will be illegal to transport an alien “in furtherance of the unlawful presence of the alien in the United State, knowingly or in reckless disregard to the fact that the alien has com to, entered, or remained in the United States in violation of federal law.”
20. Capell & Howard, P.C. 2011 21 DON’T rent to an illegal alien It is illegal to harbor an unlawful alien by entering into a rental agreement with the alien, if the person knows or recklessly disregards the fact that the alien is in the United States illegally.
22. Capell & Howard, P.C. 2011 23 How to Contact Speaker: Tommy Eden Attorney at Law TEL: (334) 241-8030 FAX: (334) 501-4512 E-Mail: tme@chlaw.com Blog: www.alabamahrlaw.com Website: www.capellhoward.com Capell & Howard, P.C. 3120-B Frederick Road Opelika, AL 36801 Capell & Howard, P.C. 150 South Perry Street Montgomery, AL 36104
