Question
Can the "Today's Date" field within Section 2 be backdated?
Answer
No, backdating is against federal law, the Form I-9 Compliance software is regulated to not only prevent it but to also automatically record an audit trail of when the user logged in, what changes were made, what time, etc.
The next best thing any employer can do if they discover any out-of-compliance Form I-9s is to at least mitigate it by attaching an internal note to that record. If there was an audit, the note could be provided along with the faulty records and should read something to the effect that the employer regularly performs self-audits and noticed this record was incorrect; and that they fixed it along with any other steps taken to prevent it from occurring again. Federal auditors are more lenient on those who at least show an effort over employers who who don't.
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