Isn't it offensive to ask someone if they are "legal" before hiring them?

xogeniousox

Any time you have someone do yard work, housekeeping, tax preparation, etc you should get a W9 form filled out. The W9 is a "request for taxpayer identification" and ensures that you have done your part to verify legal status.

You can get a copy here: http://www.irs.gov/pub/irs-pdf/fw9.pdf

If you spend over $500 per year with the same person, you should issue them a form 1099 so that they are required to claim the amount you paid them as income.

How Do I Know When To Use Form W-9?
Use Form W-9 to request the taxpayer identification number (TIN) of a U.S. person (including a resident alien)
and to request certain certifications and claims for
exemption.

B.Kevorkian

No. Of course, people can take offense at anything. And people who are guilty of wrongdoing often take dramatic offense at any question that might lead to that wrongdoing being exposed.

I'd think that failing to do so might even leave you open to legal liability. (disclaimer: I am not a lawyer, and don't know WTF I'm talking about, so don't rely on that, OK)

mikea_va

No it's not offensive!! If they have a problem with it, then obviously they have something to hide (as in they are illegal!!)

You should ask them because you are an American and care about your country!!!!

chuck_junior

No it isn't. When I hire a contractor to do work for me, the first thing I ask is if they employ illegals. I refuse to do business with them. I recently did a remodel, and I got the bids. 2 companies were lower, but admitted they employed undocumented workers. The bid was given to the company that hired legal aliens and citizens. The remodel was perfect.

~tylergrl~

Offensive, but patriotic!!! American's 1st!!!

Jimmy

maybe, but theye disregarding a law by being, as it is so eloquently called, illegal.

old lady

Put it another way. If there were two applicants, one legal, one illegal, would you rather give a job to someone who pays taxes, obeys the laws, and brings up his/her children to respect the basic premises of citizenship? Or to someone who has disregarded these little niceties.

drixnot

no it's a standard question

justbeingher

No one is going to get you for the yard guy. The employee on a daily basis, yes you should ask.

BioProf

If you dont want to ask if they are legal, ask for a drivers liscences as you would like verification of their identity. If they are legal, they will be able to get one. Illegals cant legally get a drivers liscences unless they have established a false identification. If that is the case, as a layman you are unlikely to be able to figure this out. At any rate, its a good idea to know who is working around your house even if they are legal.

summermoondancer2004

you can ask them but if you are hiring a business to do your work you aren't obligated to ask anything other than for liability insurance. If you are deducting taxes you must ask for them to provide documents on the I 9 but you have to be a registered employer with the feds and can get in trouble if you don't deduct the tax if they are hired by you as help and you don't deduct tax.

? Dirty Martini ?

What is "offensive" is a personal choice. ANyone can be offended by anything. My experience is people take "offense" to questions that they don't want to answer honestly.

As far as to whether you should ask or not--that's a different issue altogether. How important is it to you to not promote, encourage, aid or assist criminals?

Just something to mull over....

alberto's Parents

If you hire people such as contractors it is their responsibility to confirm all documents not yours.

GG Gal

It's only offensive if you're riding the P.C. Train, Brother.

Angelic Valentine

You do not have to make sure that they are legal since it is not a business. However, you should have their name, address, phone number, and all just in case they do steal something from your house if you are away. Or if you are afraid of this, you should just ask them if they are a legal resident of the US. It is not offensive. Some ask many personal questions during an interview such as family life and bills and such. Some even go as far as to check their credit score and bank/savings accounts. It gets unreal sometimes. Just protect yourself, and you will be fine.

Miz Thang

I suppose asking that would be offensive, so ask for documentation, either a work visa, or a green card or some kind of proof, that's not offensive.

Sergio D.

the way employers get past that is they ask for social security number and if they are legally allowed to work in this country.

Dee N

It would be offensive to an illegal because they do not want anyone to know that they are illegal. And yes you should ask. You should get as much information as you can and if they are illegal report them. We all are going to have to work together if we are ever going to get this problem under control.

MIA

I don't think is offensive!

Commandant Marcos

Do your own yard work, if you have more yard then you can handle, your part of the problem.
Viva Zapata

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