The Montani Minute – November 2025

If you’re hiring someone new, you must complete Form I-9 to verify their right to work in the US

This applies to every role and every nationality. Anyone hired onto your payroll as a W-2 employee is required to complete a Form I-9.

Skip it and you risk fines of thousands of dollars per employee, plus serious damage to your business and reputation.

How to complete I-9 checks:

1: In-person document review

Examine the employee’s original documents that are presented to you (passport, green card or driver’s license plus Social Security card). Confirm that they’re genuine, match the employee and keep a dated copy with the I-9. This must be done within 3 business days of hire. Remember that it’s solely the employee’s choice on which documents they present and not the employer.

2: Remote document review (E-Verify employers only)

Since 2023, employers enrolled in E-Verify can use DHS’s “alternative procedure” for remote verification. This means reviewing copies of documents, then a live video call with the employee to confirm authenticity and keeping secure records.

3: E-Verify

A separate online system that checks the employee’s information against government databases. Mandatory for federal contractors and in some states, optional elsewhere. It doesn’t replace Form I-9. It works alongside it.

Common mistakes employers make:

  • Accepting expired or invalid documents
  • Forgetting to reverify expiring work authorization
  • Not keeping secure, dated I-9 records
  • Assuming only non-US citizens need verification (every new hire must be checked)
  • Being inconsistent, which can lead to discrimination claims

What you should do to stay compliant:

  • Complete Form I-9 within 3 business days of hire
  • Record the exact verification date
  • Keep I-9s for 3 years after hire or 1 year after termination, whichever is later
  • Apply checks consistently to everyone
  • Reverify work authorization before it expires
  • Destroy I-9s securely after the retention period
  • Make sure all required fields of the I-9 are completed, otherwise those are potential violations.

Reach out if you’d like support setting up a smooth, compliant I-9 process in your business.


Is your team oversharing?

A US survey found that 57% of employees think that coworkers don’t always know how or when to share at work, with many pointing to oversharing personal issues or venting as key examples.

In small businesses this can quickly become disruptive. Oversharing eats into focus, unsettles teams and can even trigger complaints if sensitive topics are mishandled.

What’s the solution?

  • Set boundaries from the top
  • Address issues early with a private word about appropriate workplace conversation
  • Give managers the confidence to redirect personal chats
  • Create structured check-ins so that employees feel heard without disrupting team flow

Boundaries aren’t about being unfriendly. They’re about creating an environment where everyone can work effectively.


Disability discrimination claims are rising: is your business at risk?

Disability discrimination is now the largest category of claims filed with the Equal Employment Opportunity Commission (EEOC).

Typical settlements range from $5,000 to $40,000, while more complex cases can easily exceed $100,000.

Conditions such as long-term mental health issues, chronic illnesses or severe menopausal symptoms can all qualify as disabilities if they substantially limit daily life. Many small businesses don’t recognize this until it becomes an issue.

Common failures we see:

  • Dismissing accommodation requests as too burdensome
  • Treating mental health differently from physical medical conditions
  • Having no clear process for disability disclosures
  • Managers acting without understanding their legal responsibilities under the Americans with Disabilities Act (ADA)

Your action checklist: Train your managers to recognize and respond to accommodation requests promptly. Review your policies to reflect the full scope of legal definitions under the ADA. Document everything carefully.

Small changes now can help you to prevent major challenges later.


When “zero tolerance” policies put you at risk of wrongful termination

Zero tolerance rules sound tough but, applied too rigidly, they can backfire.

Courts have found problems when employers ignore context. Not every mistake is serious misconduct and not every rule breach justifies termination.

Check your disciplinary policies. Do they allow room for judgment? If everything is black and white, you could be asking for trouble.

Need help with getting the balance right? Get in touch.


Here are the signs your business culture has turned toxic

1) Your best performers go quiet

They used to contribute ideas. Now they just do their job and leave. When engaged employees withdraw, something’s shifted that needs addressing.

2) Sick leave starts to increase

Not major illnesses. Just patterns of absence. Stress leave. When people need more distance from work, it’s worth understanding why.

3) Resignations catch you off guard

“I had no idea they were unhappy.” If this keeps happening, there might be barriers stopping honest conversations from happening.

4) The same conflicts keep happening

Different people, same arguments. Departments that won’t collaborate. Issues that resurface every few months.

5) New hires don’t settle

Three months in and they’re gone. Six months maximum. When fresh talent leaves quickly, there’s often something in the culture that needs adjusting.

These patterns affect everything: productivity, client relationships and your ability to grow.

The good news?

Once you identify what’s happening, you can fix it.

Anonymous surveys help and so do structured exit interviews.

If you’re noticing any of these signs and want support with addressing them, reach out to talk through options.

Q&A

Can I stop staff from posting about work on social media?

You can set guidelines around confidentiality, harassment or discriminatory posts, but you cannot control everything they share. Employees also have the right to discuss pay and working conditions under federal law.

Put a clear social media policy in place so that everyone knows the boundaries. If you take action over a post, make sure your response matches the situation.

Can I change someone’s job title without changing their employment agreement?

It depends on what is in their offer letter or agreement. If the title is written there, you will need their consent to change it. Be cautious. If you lower someone’s title without agreement, they may argue that they were effectively forced out (known as constructive discharge).

What happens if an employee refuses to take their PTO before the year-end?

PTO policies vary. Some companies have “use it or lose it” rules, while others allow carryover. What matters most is having a clear written policy in your handbook.

It is best to encourage employees to spread their time off throughout the year rather than face a last-minute rush.

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