HR E-Verify MOU Template

HR E-VERIFY MEMORANDUM OF UNDERSTANDING (MOU)

This Memorandum of Understanding (MOU) is entered into as of Effective Date: by and between Employer Name: with principal address: and Program Representative Name: with address: .

RECITALS

WHEREAS, the Employer seeks to implement identity and employment eligibility verification procedures consistent with applicable law and the electronic verification program administered by the Program Representative; and

WHEREAS, the Parties desire to set forth mutual understandings governing the Employer's access to, use of, and responsibilities under the verification program and to document required administrative, privacy, security, training, recordkeeping, and compliance obligations.

PARTIES AND CONTACTS

SCOPE AND PURPOSE

The Parties agree that the Employer will utilize the Program Representative's electronic verification services for the limited purpose of confirming identity and employment authorization of individuals hired for employment with the Employer. The Parties further agree to comply with the terms and conditions set forth below, which are intended to ensure proper, lawful, and nondiscriminatory use of verification resources.

EMPLOYER OBLIGATIONS

The Employer shall:

1. Enroll and maintain authorized user accounts only for designated employees who will use the verification system;
2. Use the electronic verification system solely for permitted employment eligibility checks and only after a conditional offer of employment has been made, where required by law or policy;
3. Ensure that use of the system is consistent with nondiscrimination obligations and that information obtained is not used to discriminate against any applicant or employee;
4. Notify the Program Representative promptly of any known or suspected unauthorized access, data breach, or misuse of the verification resources and cooperate in mitigation and remediation;
5. Retain and produce records of verification queries, correspondence, and relevant hiring documentation in accordance with record retention obligations set forth in this MOU.

PROGRAM RESPONSIBILITIES

The Program Representative shall:

1. Provide authorized access, user support, and training materials to the Employer's designated users;
2. Maintain reasonable administrative and technical safeguards to protect the confidentiality, integrity, and availability of verification data; and
3. Notify the Employer of changes to program procedures or requirements that materially affect Employer operations or compliance obligations.

DATA PRIVACY, SECURITY, AND RECORDS

The Parties will implement administrative, technical, and physical safeguards appropriate to protect personal data collected or processed under this MOU. Employer agrees to limit access to verification records to authorized personnel, to maintain records of queries and case results for the period required by law and policy, and to produce such records for compliance review or audit upon request by the Program Representative.

AUDITS, COMPLIANCE, AND ENFORCEMENT

The Employer shall permit reasonable audits and compliance reviews by the Program Representative to verify adherence to the terms of this MOU. Failure to comply may result in suspension or termination of access and may expose the Employer to administrative penalties where authorized by law. The Employer shall remediate any violations within a commercially reasonable period and report corrective actions to the Program Representative.

CONFIDENTIALITY AND LIMITATION ON USE

All information obtained through verification activities is confidential and shall not be used for purposes other than those expressly authorized in this MOU or as otherwise permitted by law. The Parties shall not disclose personally identifiable information to third parties except as required by law or with the express written consent of the individual, unless otherwise authorized under applicable rules governing the verification program.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Each Party shall indemnify, defend and hold harmless the other Party from and against claims, liabilities, losses and expenses arising out of the indemnifying Party's willful misconduct, gross negligence, or material breach of this MOU. Except as expressly provided in this MOU, neither Party shall be liable to the other for consequential, incidental, or punitive damages.

TERM, TERMINATION, AND AMENDMENT

This MOU shall commence on the Effective Date and remain in effect until terminated by either Party upon thirty (30) days written notice. Either Party may terminate immediately for cause where the other Party materially breaches this MOU and fails to cure within a reasonable period. This MOU may be amended only by written agreement executed by authorized representatives of both Parties.

NOTICES

All notices under this MOU shall be in writing and delivered to the contacts listed in the Parties and Contacts section or to such other address as a Party designates in writing.

GOVERNING LAW

This MOU shall be governed by and construed in accordance with the laws of the state where the Employer's principal place of business is located, without regard to choice-of-law principles.

ENTITY INFORMATION

Corporation LLC Partnership Sole Proprietor

DESIGNATED ONBOARDING DATA FORM (FOR EMPLOYER USE)

The following information will be collected and submitted for verification only to the extent required for employment authorization confirmation.

PERSONAL INFORMATION

POSITION INFORMATION

EMPLOYMENT HISTORY (MOST RECENT)

EDUCATION

REFERENCES

LEGAL DISCLOSURES

At-Will Employment Statement: Nothing in this MOU or any associated onboarding documentation constitutes a contract of employment for any definite period. Employment with the Employer is at-will and may be terminated by either party at any time with or without cause or prior notice, except as otherwise provided in a separate signed agreement.

Equal Opportunity Statement: The Employer is an equal opportunity employer. The Employer does not unlawfully discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any other status protected by law in hiring, promotion, discharge, compensation, or any other terms, conditions, or privileges of employment.

APPLICANT CERTIFICATION AND AUTHORIZATION

I certify that all information provided on this form is true and complete to the best of my knowledge. I authorize the Employer and its agents to contact prior employers, references, and other sources to verify my employment history and qualifications. I authorize the Program Representative and the Employer to use the electronic verification system to confirm my identity and employment authorization as permitted by law. I understand that false statements, omissions, or misrepresentations may result in denial of employment or termination.

ADDITIONAL PROVISIONS

Training: Employer shall ensure that authorized users complete required training prior to accessing the verification system. Suspension: Program Representative may suspend access immediately where misuse or security compromise is suspected. Remedies: The Parties' remedies for breach shall include injunctive relief and all other remedies available at law or equity.

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