Can My Employer Fire Me if My ID Expires in Texas?

Question from Suzie, Can My Employer Fire Me if My ID Expires in Texas?

Answer from AI:

If you were hired in Texas in 2023 and presented a valid state identification card and Social Security card, you might wonder what happens when your ID expires in 2024. Here’s a general explanation of the relevant laws and regulations.

Employment Eligibility Verification

In the United States, employers are required to verify the identity and employment authorization of each person they hire. This is done through the Form I-9 process, which is mandated by the Immigration Reform and Control Act of 1986.

• When you are hired, you must complete Section 1 of Form I-9.
• Your employer must complete Section 2 by examining your documents to confirm your identity and employment authorization.

Expiration of Identification Documents

The expiration of your state identification card does not necessarily affect your employment status. Here are some key points to consider:

1. Initial Verification: When you were hired, your employer verified your identity and work authorization using your valid state ID and Social Security card.
2. Ongoing Employment: Once your employment is verified, the expiration of your state ID does not automatically require re-verification of your employment eligibility.
3. Re-verification: Re-verification is generally required only for work authorization documents that have an expiration date, such as an Employment Authorization Document (EAD). A state ID is not a work authorization document.

Employer Policies and Practices

While federal law does not require re-verification of an expired state ID, your employer may have specific policies regarding the maintenance of current identification documents. It is important to:

• Review your employer’s policies on identification documents.
• Communicate with your HR department if you have concerns about your ID expiring.

Legal Protections and Advice

If you believe your employer is taking adverse action against you due to the expiration of your state ID, you may have legal protections under employment laws. It is advisable to:

• Consult with a legal professional to understand your rights and options.
• Contact the U.S. Department of Labor or the Texas Workforce Commission for guidance.

For more detailed information, you can refer to the [U.S. Citizenship and Immigration Services (USCIS) Form I-9](https://www.uscis.gov/i-9) and the [Texas Workforce Commission](https://www.twc.texas.gov/).

Conclusion

In summary, the expiration of your state ID does not automatically give your employer the right to fire you. However, it is important to understand your employer’s policies and seek legal advice if you face any issues. Always consult with a legal professional for personalized advice tailored to your specific situation.