If you rehire an employee within 2 months of termination does he/sh needs to complete all new paperwork, can he  sing a paper saying everything remains the same, address, policies acknowledgement, taxes etc?


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  • Here is a reply from South Dakota employment law attorney Jennifer Suich Frank, editor of South Dakota Employment Law Letter -- tk

    Answer: Lucy, your question on a recently rehired employee (you indicate a 2-month period) is a good one, and there are several things to take into consideration. First, it is acceptable to have this employee sign a form stating that his acknowledgement and agreement to abide by the policies and employee handbook of the company remain the same as before. As to tax forms, there are two forms to be aware of: the W-4 Form and the I-9 Form. The W-4 Form is an IRS form used to determine withholdings and exemptions of the employee. While there are no hard and fast rules regarding a rehired employee, a best practice is to have the employee fill out this W-4 form again. That way, the employee cannot come back to you later as the employer and claim you did not perform his withholdings properly. As far as the I-9 Form (which is used to confirm identification and authorization to work in the U.S.), the U.S. Citizenship and Immigration Services states that if you rehire your employee within 3 years of the date that a previous Form I-9 was completed, you may either complete a new Form I-9 for your employee or complete Section 3 of the previously completed Form I-9. To complete Section 3 for rehires, you must (1) confirm that the original Form I-9 in fact relates to your employee; (2) review the original Form I-9 to determine if your employee is still authorized to work; (3) if your employee is still authorized to work, enter the date of rehire; and (4) sign and date Section 3. Finally, if the employee’s address and other information remains the same, the employee can confirm in writing that the previously provided information remains current. Best of luck with your rehired employee!

    Jennifer Suich Frank, Esq.
    Lynn, Jackson, Shultz & Lebrun, P.C.
    909 St. Joseph Street, Suite 800
    PO Box 8250
    Rapid City, SD  57709

    605-791-6450 - direct
    605-342-5185 (fax)

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