(703) 369-4738

22
May
2019

Client awarded large Australian government contract

In a press release by the Australian Minister for Defence; issued March 06, 2019 it was announced that “the Royal Australian Navy (RAN) will receive a new sovereign air transportable Submarine Rescue Service capability under a contract with Phoenix International (Australia).”

Attorney Christopher Collins speaks to the proposal efforts, the due diligence performed to vet subcontractors and the importance of solid teaming agreements.

15
May
2019

How to Protect Your Business When Ice Agents Want To Inspect Your I-9 Forms

ICE Agents have been active recently in the Prince William area and other parts of the VA/DC/MD metropolitan area, investigating businesses (especially small and medium companies) to determine compliance with properly completing and retaining I-9 forms.  Employers in industries involving construction, restaurants, landscaping, and janitorial/cleaning services are frequently (but by no means the only) targets of ICE investigations. 

U.S. Immigration and Customs Enforcement (ICE) (an agency within the Department of Homeland Security) has significantly increased its efforts to reduce unlawful immigration employment practices under the Immigration Reform and Control Act (IRCA). Employers are legally required to verify the identity of the person they hire and to confirm that they are eligible to work in the United States.  The law further requires that employers document this process by completing a Form I-9 for each person they hire.

ICE has focused enforcement efforts on employers who hire an illegal workforce. They follow up on tips provided by the public and conduct random and unannounced audits of employer records to determine if the company has complied with its legal obligations.  They do not need probable cause to investigate your business nor do they need to have a tip.  

I-9 Forms and ICE’s Notice of Inspection

The mandatory I-9 forms must be completed every time you make a new hire.  The form must be retained for three years after the date of hire, or one year after the date employment ends, whichever is later. If ICE has been given a tip or the business has been selected for an audit, ICE will present you with a Notice of Inspection.  

What to Expect from an ICE Inspection

The notice of inspection usually requests the following records from the company:

  • I-9 records
  • Payroll records
  • 1099s
  • No-match and mismatch letters

Upon notice, you have three business days to provide the investigating officers with the requested documents.

Civil and Criminal Penalties

Failure of employers to comply with IRCA can result in substantial civil fines and ultimately, possible criminal prosecution if you are found to have knowingly violated the law. 

What To Do If ICE Agents Present You With A Notice of Inspection Regarding Your I-9s

  • Do not provide records immediately or allow an immediate inspection of records as you have up to three days to respond.
  • Call your trusted employment lawyer in order to advise you on the best course of action and to timely respond with the proper documents presented in the best light possible.

Ensuring Compliance Before ICE Investigates

If you have not yet been the subject of an investigation, you can take steps to protect your business.  Employers should conduct confidential internal audits of your I-9 forms with the help of your employment lawyer.  This process can help you correct any potential problems before an inspection and avoid possible fines.  It is also beneficial to have knowledgeable employment counsel conduct periodic training of your personnel assigned to handle your I-9s.

Contact a Trusted Employment Law Attorney

Kristina Keech Spitler, Esq., with Vanderpool, Frostick & Nishanian is ready to help your business respond to an ICE inspection, provide a confidential internal Form I-9 audit, and/or help train your personnel to properly complete and retain I-9 forms.


Kristina Keech Spitler is a Shareholder and Head of the Employment Law Practice of Vanderpool, Frostick & Nishanian, PC.  With over thirty years of experience, Kris has been recognized as “Legal Elite” in Employment Law by Virginia Business Magazine, as well as a “Leader in the Law” and an “Influential Women of Law” by Virginia Lawyers Weekly.  You can reach Kris at (703)369-4738 or kspitler@vfnlaw.com.

** The information contained in this website is provided for informational purposes only and should not be construed as legal advice. 

25
Apr
2019

Government Contracting Teaming Strategies Seminar

The government directs 23% of its procurement to small businesses from local, state & federal agencies, large primes and military installations. But some contracts are just too large for many to handle alone. When this is the case, small businesses can team up with one or more other businesses to collectively perform the contract. Learn from a panel of experts, to include VF&N attorney Kris Spitler and attorney Chris Collins, on how teaming is a great way for small businesses to build credibility and demonstrate proficiency to the government and other contractors.

Highlights will include how to raise the bar and maintain your business’ reputation; strategically vet external/internal partners before you win the contract; ask the pre-questions that matter to long-term collaborations; and address some of the common legal concerns regarding teaming.

Presented by the Government Contracting Council of the Prince William Chamber of Commerce.

Thursday, May 2, 2019 from 8:00-10:00 a.m.

9720 Capital Ct., Ste. 203; Manassas VA 20110

$35/Non chamber members.
Register today: Click Here

Light breakfast provided.

17
Sep
2018

VF&N Announces the Formation of Technology Subcontractors & Suppliers Legal Team

cleanroom construction infographicIn response to recent tech industry expansions and the resulting attraction of technology subcontractors and suppliers to the area, Vanderpool, Frostick, and Nishanian, P.C. (VF&N) announces the formation of its Technology Subcontractors and Suppliers Legal Team to support the needs of this industry.

With stringent work requirements such as clean room construction, specialized semiconductor materials and ultrapure water suppliers, tech and manufacturing subcontractors and suppliers are highly specialized vendors. When relocating or preparing to do business in Northern Virginia, technology subcontractors and suppliers need local legal counsel to help navigate the regulatory landscape in the area.

“Being located just miles from microchip fabrication plants, aerostructures companies, and other high-tech businesses, VF&N saw a need for a legal team to provide services tailored to the tech industry’s subcontractors and suppliers,” said Randolph Frostick, Esq. President of Vanderpool, Frostick and Nishanian P.C. “What sets VF&N attorneys apart is their knowledge of local and state laws, and their experience  in responding to the challenges that  subcontractors face, whether they are currently located in or relocating to our region.”

About Vanderpool, Frostick & Nishanian, P.C.

Vanderpool, Frostick and Nishanian, P.C has been serving the business community in Northern Virginia and surrounding areas for over thirty years and is keenly focused on providing innovative solutions for our client’s legal needs. VF&N provides solutions from lawyers you trust.

FOR MORE INFORMATION CONTACT:
Name – Randolph D. Frostick
Phone #: 703-369-4738
Email: rfrostick@vfnlaw.com
Website: TechContractorLaw.com