Social Security Mismatch
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6 Posts
I was given a letter in regard to a social security mismatch on one of my employees. Two questions:
1. How long do I give the employee to return to me the resolution or paperwork on the mismatch? (provided it was an error on SS)
2. At what point could I terminate the employee is there is no resolution? 2 weeks? 90 days?
Comments
Is this letter from the SSA or DHS?
The DHS regulations provide that by taking "reasonable steps" after receiving a no-match letter, the no-match letter may not serve as the basis for finding that the employer has constructive knowledge that an individual is working illegally. The DHS regulations set out the specific steps that, if taken, are automatically deemed to be such reasonable steps and provide the protection of a "safe harbor" from liability for violating IRCA based on a no-match letter. A federal district court judge has barred SSA from sending no-match letters on the grounds that DHS exceeded its authority in issuing the regulations. The bar will last at least until there is a full trial on the question or the order is reversed by a higher court. On November 23, 2007, DHS filed a motion asking the judge to suspend this case so that it could rewrite the regulation to address the court's concerns, including conducting a survey of the impact of the regulation on small business. The status of the no-match letter regulations will likely be resolved either by a final ruling from a court either allowing DHS or barring DHS from implementing the regulation or by DHS revising the regulations to address the court's concerns. There will eventually be some sort of no-match regulations. The following analysis of the regulation, as published by DHS, is provided in anticipation that whatever requirements are eventually implemented will include many, if not all, of the features of the suspended regulation.
Thanks for the feedback - it was actually from SSA... Curious as to how much time is enough to give the employee the opportunity to clear up the issue...
We may all get more clarification on this soon. The DHS just released a Supplemental Proposed Rulemaking for the No-Match Rule, which is supposed to try to clarify some of the things the court asked about when they blocked the original rule. I haven't read what this new supplemental says yet, but we will have to see what the courts think about this.
I just read a new checklist that this website (HR.BLR.com) put together on SS Mismatch letters. It says give the employee 90 days to resolve the issue (and make sure to tell them what that date is). If it is not resolved then try to verify identity by completing a new I-9 form (the employee is not allowed to use any document that references the SS number that was in question originally). If you can't verify identity and authorization to work then you can terminate.