The company has been dissolved since 2009. However, one of the owners started a new company with the some workers from the old company that may be undocumented. Are both owners from the previous company still liable if those workers are undocumented or is only the owner of the new company liable?
The operative words are "may be undocumented." There is a lot of prejudice against Hispanics. Especially those who never learned English, but were lawfully admitted greencard holders.
There are requirements that obligate employers to complete I-9 firms and accept facially valid documents. Once this step is taken, and the employer believes that the documents are valid, sanctions or indictments are dependent upon the whether the employer knowingly hires unlawful workers.
The previous employer is liable for three years after the last employment. You appear to be no longer liable. If you have further concerns, then schedule an appointment or teleconference with a competent and experienced immigration attorney. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.
Hiring undocumented workers can lead to fines and potentially prosecution of the employer(s).
Employing undocumented workers can lead to fines and prosecution. It can also lead to civil damages if the employees are not compensated properly (i.e. not paying minimum wage or overtime). Whether both owners would be liable would depend upon what the allegations are and who is pursuing them as well as when the company last operated and employed the undocumented individuals.
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