Social Security No-Match Letters Resume
April 14th, 2011 § Leave a Comment
As of April 6, 2011, the Social Security Administration (“SSA”) has resumed issuing Social Security no match letters to US employers. No match letters are issued when an employee’s name and Social Security Number do not match. The source of the mismatch could include typographical errors, name changes and incomplete information, as well as fabricated Social Security Numbers.
These letters – and the legal follow-up requirements and ramifications – have been the subject of litigation for years. Since the court battle has not yet finished, the new letters have removed the specific guidance for how employers are legally required to respond. Immigration Customs and Enforcement, SSA, and the Office of Special Counsel do agree that the mere receipt of a no match letter is not evidence that the employee is using fraudulent documents and is not authorized to work, but these letters have been used against employers to prove that the employer knowingly continued to employ an undocumented worker given the totality of the circumstances.
Employers must establish effective strategies to address no match letters in a lawful yet non-discriminatory manner. Gone are the days when employers can cover their eyes and look through their fingers. It is critical for employers to address any no match letters that are received immediately. Employers should also consider completing an internal I-9 audit to ensure their I-9 forms have been completed properly.
If you receive a Social Security No-Match Letter, please contact GoffWilson immediately. In addition, GoffWilson is available to answer questions relating to these matters: info@goffwilson.com.
