Yes, you may terminate an employee who fails to produce the required documents, or a receipt for a replacement document (in the case of lost, stolen or destroyed documents), within three business days of the date employment. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document, he or she must produce the actual document within 90 days of the date employment.
You cannot be charged with a verification violation; however, you cannot knowingly continue to employ this individual. You will have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien unless the government can prove you had actual knowledge of the unauthorized status of the employee.