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E-Verify For Employees FAQ (Part 4): Your Legal Rights When Contesting A TNC

Posted by Ann Badmus | Feb 25, 2013 | 0 Comments

What are my rights as an employee who contests a TNC?

If you contest a TNC, your employer may not terminate or suspend your employment, delay your training or employment start date, withhold or lower your pay, or take any other adverse action against you based on your decision to contest or during the time your case is still pending with the Department of Homeland Security or the Social Security Administration.

Your employer may terminate your employment, however, if you choose not to contest a TNC.

What are my rights to legal protection if I feel that my employer has discriminated against me?

Federal law prohibits employers from discriminating against applicants and employees because of their national origin, citizenship or immigration status when verifying employment authorization through E-Verify. If you feel that your employer has discriminated against you, contact the Office of Special Counsel for Immigration-Related Unfair Employment Practices toll-free at 800-255-7688, or write:

Office of Special Counsel for Immigration-Related Unfair Employment Practices
Civil Rights Division, Department of Justice
950 Pennsylvania Ave. NW
Washington, DC 20530

For more information about discrimination on the basis of national origin or citizenship status during the E-Verify process, you may visit

Reporting Violations

If you believe an employer has violated E-Verify program rules, discriminated against you or treated you unfairly, you are encouraged to report it. You may be able to receive pay for work you lost and even get your job back. Also, the employer may have to pay fines for violating E-Verify rules.

To report employer misuse, privacy violations, and general E-Verify program complaints, contact the E-Verify Employee Hotline at 888-897-7781 (TTY: 877-875-6028) or by email at [email protected].

About the Author

Ann Badmus

Principal and Managing Attorney


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