Termination Upheld Following E-Verify Non-confirmation

In another matter regarding E-Verify,  an employee filed a document abuse and discrimination claim against his employer after he was terminated based on an E-Verify final nonconformation (FNC) notice.   The employer attempted to resolve the TNC which occurred as result of an inconsistency on the status of the employee’s citizenship (the employee noted on Form I-9 and insisted during meetings with employer, that he is a U.S. Citizen when in fact he is a legal permanent resident (LPR) which created a record mismatch).  The court noted “wholly missing from this scenario is any evidence that could support an inference that [the employer] intended to discriminate against [the employee] on any prohibited basis….the employer wanted to keep the employee but was unable to do so after receiving a FNC from E-Verify”.   To read the final decision, please click here