Private Employer Affidavit for the United States

Private Employer Affidavit Template for United States

A Private Employer Affidavit is a legally binding sworn statement used in the United States where an employer formally declares compliance with federal and state employment laws, particularly regarding worker eligibility verification. This document serves as official certification that the employer follows proper hiring practices and maintains required documentation. It's commonly required for business licensing, government contracts, or regulatory compliance in various states.

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What is a Private Employer Affidavit?

The Private Employer Affidavit emerged from increased focus on employment eligibility verification in the United States. This document is typically required when businesses apply for or renew licenses, bid on government contracts, or need to demonstrate compliance with employment laws. It includes declarations about the employer's verification practices, use of E-Verify (where applicable), and confirmation of maintaining proper employment documentation. Some states mandate this affidavit as part of their business licensing process, while others require it for specific industry sectors or government interactions.

What sections should be included in a Private Employer Affidavit?

1. Employer Information: Legal name, address, and EIN of the employer

2. Declaration Statement: Formal statement indicating this is made under penalty of perjury

3. Employment Verification Statement: Confirmation of compliance with employment eligibility requirements

4. Signature Block: Space for signature, date, and notarization

What sections are optional to include in a Private Employer Affidavit?

1. E-Verify Participation: Statement regarding E-Verify usage (required in some states)

2. State-Specific Declarations: Additional statements required by specific states

What schedules should be included in a Private Employer Affidavit?

1. Employee List: List of current employees (if required by state law)

2. Verification Documents: Copies of supporting documentation (if required)

3. State Forms: Additional state-specific forms that may be required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Industries

Immigration Reform and Control Act (IRCA): Federal law requiring employers to verify employment eligibility of their employees, including Form I-9 compliance and verification of work authorization status

State Employment Verification Laws: State-specific requirements for employment verification that may supplement or extend federal requirements, varying by jurisdiction

Title VII and EEO Regulations: Federal anti-discrimination laws ensuring equal employment opportunity and prohibiting discrimination based on protected characteristics

Perjury Statutes: Federal and state laws governing sworn statements and penalties for making false declarations under oath in official documents

Privacy and Data Protection Laws: Regulations governing the collection, storage, and protection of personal information obtained during the employment verification process

Document Retention Requirements: Federal and state regulations specifying how long employment verification documents must be retained and how they should be stored and disposed

Notarization Requirements: State-specific laws governing the proper notarization of affidavits and sworn statements, including requirements for witnesses and proper execution

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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