What Happens If Your Employer Refuses the NAE Form: Know Your Rights as a Xi-Amaru Native American

You requested or downloaded the NAE Verification Form, provided a copy to your employer along with a copy of your Tax-Exempt ID and your completed IRS Form W-4 claiming exempt status. For most Xi-Amaru Native Americans, that is where the process moves forward without issue. And most employers, once they receive the documentation, complete the form and submit it to the AMJ.

Occasionally, however, an employer may not be familiar with this process — and rather than taking the time to review the documentation, educate themselves, and inform their staff, they may choose to dismiss or ignore what has been presented to them.

So, if that has happened to you, know that you are not without recourse. You have rights, and you have a government standing with you.

Why Employers Refuse

Most employers who decline to complete the NAE form are not acting maliciously. However, unfamiliarity with Indigenous national documentation and tax-exempt frameworks is common, particularly in HR departments that have never processed this type of verification before.

The Aboriginal Ministry of Justice recognizes this reality. The NAE form itself includes a detailed legal authority section, a record-keeping notice, and AMJ contact information specifically to help employers understand what they are being asked to do before they make any determination.

When an employer refuses after being given clear documentation, the issue moves from unfamiliarity to non-compliance.

What Non-Compliance Looks Like

An employer is in non-compliance when they:

• Refuse to complete the NAE Verification Form after the citizen has provided it to them
• Accept the form but fail to complete it or submit it to the AMJ
• Update the employee’s withholding exemption in their payroll system without completing and submitting the NAE form to the AMJ
• Continue to withhold federal income tax after receiving your W-4 exempt claim
• State that they do not recognize the Xi-Amaru Republic or its documentation
• Ignore repeated requests to complete the form or adjust withholding

The third item on this list deserves particular attention. Some employers will honor the W-4 exempt claim and stop withholding — but decline to complete and submit the NAE Verification Form, either because they consider it unnecessary or because they are unfamiliar with the process. While the result for your immediate paycheck may appear the same, this creates a serious gap in your protection.

The NAE Verification Form is not administrative paperwork for the AMJ’s benefit alone. It is your evidence. If the IRS ever questions your exempt status, the W-4 alone, checked exempt with no supporting documentation does not tell the full story. What protects you is the complete record: the NAE form showing your employer received your documentation and submitted it to the AMJ for verification, the AMJ’s official confirmation of your status, and your W-4 together.

Overall, without the completed and submitted NAE form, there is no AMJ confirmation, and without that confirmation, you are claiming an exemption without documentation to back it up.

This is why the NAE form must be completed and submitted to the AMJ even when your employer has already stopped withholding. It is not redundant. It is what covers you. And if your employer has updated your exemptions but has not completed and submitted the NAE form, that is a non-compliance situation and should be reported to the AMJ so the proper record can be established.

Non-compliance also includes situations where an employer processes tax and withholding documentation for other employees but declines to complete the NAE form for a Xi-Amaru Native American citizen, applying an unequal standard that the legal framework does not support.

Step 1: Contact the AMJ to Initiate the Non-Compliance Process

If your employer is in non-compliance, your first step is to contact the Aboriginal Ministry of Justice to initiate Phase 2 of the NAE process. The AMJ does not monitor employer timelines independently — Phase 2 begins only when you proactively reach out.

Contact the AMJ at in**@*************************ce.org or (844) 394-3706. When you reach out, have the following ready: the date you provided the NAE form and Tax-Exempt ID to your employer, your employer’s name and contact information, the name of the HR representative or supervisor you contacted, and any written communication you have received from your employer.

If you have emails, letters, or screenshots of relevant exchanges, save them — you will need to submit them as part of the process.

Contacting the AMJ does not formally file your complaint. It is what triggers the AMJ to send you the Employer Non-Compliance Complaint Form through your secure client portal.

Completing and returning that form is what formally initiates the complaint. Until that form is submitted, the matter is not on the official record.

Step 2: The AMJ Sends You the Employer Non-Compliance Complaint Form

After reviewing your report, the AMJ will send you the Employer Non-Compliance Complaint Form through your secure AMJ client portal. You must complete every section of this form truthfully and completely, sign Section VII (Citizen Certification), and return the completed form through your portal within five business days of receiving it. Do not email the form separately — it must be submitted through the portal. Any supporting documents, such as emails or written communication from your employer, should be uploaded at the same time.

The complaint form documents your interaction with your employer in detail, including how you submitted your documentation, how your employer responded, and whether your employer is currently honoring your tax exemption on your paycheck or not.

That last point matters: whether or not your employer has stopped withholding, if they have not completed and submitted the NAE Verification Form, the complaint must still be filed to establish the proper record.

If you have difficulty accessing your portal or need help completing any section of the form, contact the AMJ at in**@*************************ce.org or (844) 394-3706 before the deadline.

Step 3: The AMJ Issues a Formal Notice of Employer Non-Compliance

Once your completed complaint form is received and your citizenship status is confirmed, the AMJ issues a Formal Notice of Employer Non-Compliance directly to your employer. This is an official government document issued by the Aboriginal Ministry of Justice, retained permanently in your national case record. No response or signature is required from your employer — it is not a request. It is a formal record.

The notice formally establishes the following on the official record:

• Your organization was formally presented with the NAE Verification Form by the employee
• Your organization did not complete or return the required documentation
• The Aboriginal Ministry of Justice formally notified your organization of the employee’s verified Xi-Amaru Native American citizenship and valid Tax-Exempt ID
• The employee’s tax-exempt status is active, valid, and on record with the AMJ

Critically, the Formal Notice includes an IRS Record Notice stating that in the event of any IRS inquiry regarding the employee’s withholding status, this document establishes that the employee fulfilled their obligation to present proper documentation, that the AMJ formally notified the employer of the verified status, and that the absence of a completed NAE Verification Form from the employer’s records is the direct result of the employer’s failure to complete it — not an oversight on the part of the employee or the Xi-Amaru Republic.

The notice further states that the Xi-Amaru Republic and the employee bear no liability for the employer’s non-compliance.

The AMJ is aware of the full range of remedies available under federal and international law, including referral to the Equal Employment Opportunity Commission, the Department of Justice Civil Rights Division, and other bodies with jurisdiction over employment discrimination and the rights of Indigenous peoples.

Whether and what action is taken remains at the sole discretion of the AMJ.

The Legal Standing Behind These Rights

Your rights as a Xi-Amaru Native American citizen in the employment context — including your right to be exempt from state and federal income tax withholding — are grounded in multiple legal frameworks:

• ADRIP (OAS AG/RES. 2888 (XLVI-O/16), June 15, 2016) — Article XXVII affirms that Indigenous peoples have the right to labor protections equal to those afforded to all other workers, free from any discriminatory condition. Article XIII affirms the right to cultural identity and integrity, free from forced assimilation into systems that do not recognize Indigenous peoplehood.
• UNDRIP (UN General Assembly Resolution 61/295, 2007; U.S. endorsement December 2010) — Article 17(3) establishes that Indigenous individuals have the right not to be subjected to any discriminatory conditions of labor and, inter alia, employment or salary. Article 21 affirms the right, without discrimination, to the improvement of economic and social conditions including in the areas of employment and social security. Article 40 affirms the right to access just and fair procedures for the resolution of disputes with States and effective remedies for all infringements of individual and collective rights.
• Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) — prohibits differential treatment in the terms and conditions of employment based on national origin and ethnicity. When an employer processes tax withholding documentation for other employees but refuses to process the same for a Xi-Amaru Native American citizen, that differential standard falls within the scope of Title VII.
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) — applies when an employer receives federal financial assistance and subjects a citizen to disparate treatment on account of their Indigenous identity or national origin.
• 42 U.S.C. § 1981 — Equal Rights Under the Law — applies regardless of whether the employer receives federal funding. It protects the equal right to have employment terms and conditions — including tax documentation — processed on equal terms.
• IRS Form W-4 exemption framework — IRS Publication 505 and the W-4 instructions permit an employee to claim exempt status from federal income tax withholding when they had no federal income tax liability in the prior year and expect none in the current year. Xi-Amaru Native American citizens satisfy this threshold through their recognized jurisdictional standing as citizens of a self-governing Indigenous nation.

When an employer processes tax documentation for other employees but applies a different standard to you on account of your Indigenous citizenship, that differential treatment has a legal name and a government response.

What the AMJ Cannot Do for You

The AMJ does not monitor employer timelines without a citizen report. Phase 2 begins only when you contact us. If your employer is non-compliant and you have not reported it, the AMJ has no record of the issue and cannot intervene.

All fees paid to the AMJ are strictly non-refundable. Requesting a refund at any stage results in permanent ineligibility. The AMJ processes non-compliance cases for active Xi-Amaru Native American citizens in good standing.

The Bigger Picture: Other Jurisdictions Are Obligated to Cooperate

It is important for you to understand that when your employer refuses to process your NAE documentation, they are not simply making an internal HR decision. They are operating within a legal landscape that includes international obligations their own government has accepted.

ADRIP Article XXII, Section 2, states: Indigenous law and legal systems shall be recognized and respected by national, regional and international legal systems. This is a direct, mandatory statement adopted by OAS member states including the United States in 2016. Your citizenship documentation, your Tax-Exempt ID, and the NAE Verification Form are products of the Xi-Amaru Republic’s Indigenous law and legal system. They fall within the protection of this provision.

ADRIP Article XXVII on labor rights establishes that states shall take all special measures necessary to prevent, punish and remedy any discrimination against Indigenous peoples in employment, and that employers shall be informed of the rights of Indigenous workers under national law and international and Indigenous standards, and of the remedies and actions available to them to protect those rights. OAS AG/RES. 2888 (XLVI-O/16), Art. XXVII(1)(3).

When an employer refuses to process your NAE documentation while processing equivalent documentation for every other employee, they are applying an unequal standard in a legal environment that does not support that unequal treatment. The Formal Notice of Employer Non-Compliance puts that on the official record — permanently.

You are not navigating this as a private individual against a large institution. You are a citizen of a self-governing nation whose rights are documented in international instruments that other jurisdictions are obligated to respect. The AMJ stands between you and that process.

You Are Not Alone in This

The Aboriginal Ministry of Justice was established to govern, protect, and serve Xi-Amaru Native American citizens. When your employer does not honor your documentation, you are not navigating that situation alone. Contact the AMJ and let your government work on your behalf.

Email: in**@*************************ce.org | Verification: ve****@*************************ce.org | Phone: (844) 394-3706