I-9 What if ee does not want to give info.

What is an employer's recourse if a new hire refuses to give you his social security number because "supplying a ss# violates his 1st, 2nd and 12th ammendment rights under the constitution." He has articles and newsletters to support his belief that an employer cannot require an employee to provide a social security number. This was a question posed to me and I thought that maybe the very wise and experienced people on this message board would point me in the right direction to get answers.

Thank you.
Rina

Comments

  • 28 Comments sorted by Votes Date Added
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-28-03 AT 01:07PM (CST)[/font][p]I haven't had to deal with this yet, but I'm sure I will soon. This issue of "privacy" and ss numbers is growing. I don't believe he has any recourse and he is required to provide the number. Now he does not need to show the card to fulfill I-9 requirements,nor should you specifically request it, but he does need to put the number in section 1 and any other new hire documents. I'm still trying to figure out how giving his SSN violates his freedom of speech and his right to bear arms.?? If he doesn't want to provide it- I'd tell him thank you very much and good luck finding employment elsewhere.

    Do take note that there are restrictions as to how the employer can utilize and distribute personal info such as SSN's, but that doesn't appear apply here since he's not even giving it in the first place.
  • I agree with HR sage. I can understand people being antsy about giving out or providing the number. I'm that way too in lot's of cases. I had to fill out some form the other day at a Community College luncheon/seminar. I always put one wrong digit on the form in those cases because I see no valid purpose for their use, if not to charge a certain number of meals to a certain account. The only people I would willingly give it to are an employer and I suppose the IRS or SS Administration, both of whom already have it. If I really want a piece of credit bad enough, I suppose I'll provide it to them also. I will not have it on a driver license or ID badge under any circumstances. It doesn't violate any of my constitutionally protected rights that I know of except the right to be stupid when applying for a job. Your candidate would have told you also that your dress code violates his right to freedom of expression. Waste no time with him/her.
  • DANDY DON: THAT ONE WRONG DIGIT YOU JUST GAVE WAS MY SOCIAL SECURITY NUMBER, NOW I KNOW THE PERSON THAT STOLE MY SSN AND HAS PROVIDED ME WITH MUCH HEART PAIN. Now, I know that you did not really do that on any very important document so I am not going to worry about it when notices of bad debt comes my way.

    Obviously, I do not support Dandy Don in this issue, but as HRs everwhere we need to press for one standard and that is to make the system work. It is very important and soon the SSA & Immigration will have us an on-line system that will allow for you to verify the SSN and Name with a birthday. My company through HR is now on-line with SSA and working as a test employer.

    I certainly hope it works out! Pork
  • At our company, all social security numbers are checked with SSA. It's a condition of employment. No Social security number, no job.
  • Thank you for your comments. I was actually wondering about the ss# for the W-4 as well. Is it appropriate to tell this person who has accepted the position but not yet started that a social security card is a requirement to receive his wages? I've run into a similar situation before with an employee who did not have a ss# because he was here from another country on a work permit. The payroll service was a little nasty about it. That ee did apply for a ss card. Ain't HR grand. By the by I am new at this. I truly enjoy the education I receive from this forum.

    Rina
  • There's a list of other options that they can give you for the I9, it doesn't have to be driver's license and ss#.

    The W4 on the other hand does need the ss# and I would tell him/her that they can not be put on the payroll unless the appropriate forms are filled in correctly.
  • Rina: It's true that other documents can suffice for the employer's section of the I-9 (see the instructions on back), but, the new employee must enter his
    number on the form himself at the top in the section they must complete. No complete, no hire.

    On the alien, even those who are admitted under work visas are able to, and should, go down to SSA and get a number. Their Justice Department Immigration and Naturalization Service work authorization paperwork will enable the staff there to issue the number. The driver license examining station (in most states if not all) will also require this card to issue a driver's license. You are correct in that the payroll people at your company will have to have the SSN to pay people, no ifs ands or butts.
  • Don's right - an alien employee with valid work authorization will have a SS card, and it usually states something like "valid for employment with INS authorization only". Everyone who is eligible for employment has a social security card. This guy has to enter the number in section 1 on the I-9 for one, and you by law have to have an I-9. Any time an applicant or potential hire gives me this kind of flack, first I wonder if they're legal, and then I wonder what they're trying to hide. I guess I'm too suspicious, but I hit this A LOT. I would assure him that access to his files and personal information is restricted to put him at ease, and then politely give him an ultimatum: he either provides the number and fills out the forms correctly, or you'll send him packing. Good luck!
  • Shake his hand and show him the door. This is just the tip of the ice berg with this guy. He will continue on his crusade on every issue imaginable. Consider yourself lucky to have discovered this at the beginning of the employment relationship.
  • ON THE 4TH DAY TERMINATE THE EMPLOYEE FOR FAILURE TO COMPLY WITH U.S. FEDERAL LAW. KEEP THE EMPLOYEE ON BOARD, AND YOU AND YOUR COMPANY HAVE VIOLATED FEDERAL LAW IN THE NON-COMPLIANCE WITH FEDERAL LAW THAT PUT THE I-9 INTO OUR "WORLD OF WORK"! THIS IS YOUR ONLY CHOICE OF ACTION.

    THE EMPLOYEE CAN PROVIDE YOU WITH APPROPRIATE APPLICATIONS FOR DOCUMENTATION WHICH THEN GIVES THEM 90 DAYS TO PRODUCE THE APPROPRIATE LEGAL DOCUMENT WHICH SATISFIES THE REQUIREMENT TO COMPLETE THE I-9 FORM. SO ON THE 94th DAY OF EMPLOYMENT THE EE IS TERMINATED FOR FAILURE TO COMPLY WITH FEDERAL LAW.

    HOPE THIS HELPS, BY THE WAY, THIS INFORMATION ON DATES COMES FROM THE ORIGINAL I-9 INSTRUCTIONS PAGE, WHICH I KEPT FROM THE ORIGINAL ISSUE OF THE DOCUMENTS. YOU WILL NORMALLY ORDER NOW JUST THE PACKET OF 50 I-9 FORMS AND THESE DO NOT USUALLY COME WITH THE INSTRUCTION PAGE.

    PORK
  • I want to wade into this topic.

    My payroll person is CONVINCED that she needs to see the social security card in order to put the employee's name exactly as it is on the card. She said that it is federal law that employee's name must match what the government (IRS?) has on file, thus, we need to see the social security card.

    To tell the truth, I haven't had much time to research this. But is there validity to this? This might throw a whole new wrinkle in this thread.

    Zanne
  • Zanne,

    Your payroll person should not only be convinced, she is absolutely right. My payroll specialist showed me the legal stuff, and it is the IRS. And it's $50 a whack if the W2 SSN and name don't match what they have.


  • So what happens if a person can provide documents to fulfill the I-9 requirements other than by using the SS Card, but they can't provide their SS Card to fulfill the payroll requirements? I understand that the names must match the government's records but demanding to see the SS Card for that purpose just doesn't seem right. Having a SS Number is a requirement for employment, but according to payroll- Having a SS Card is a requirement also?
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-29-03 AT 10:56AM (CST)[/font][p]I don't know of a legal requirement to see the card (for purposes other than if used for I-9 verification). But, if the name on your payroll records doesn't match SSA's records, you can get a letter telling you that it is a mis-match. At that point, you must re-verify the SSI and name to ensure that it matches. Supposedly you can get fined if you have mismatches, however, as long as you can show that you are attempting to resolve the issue, SSA has indicated that they will not fine an employer.

    The SSA does have a verification number you can call to verify SSI's: 1-800-772-1213 or you can call your local office for assistance.

    A. Rodriguez
    Human Resource Manager

  • Plain and simple, when you have someone who is being this problematic from the start you should be thankful that they gave you an easy way to terminate them that you will not lose any sleep over. It is obvious that this employee will cause you nothing but grief in the long run. Consider this a lucky break and fire after 3 days.
    My $0.02 worth.
    DJ The Balloonman
  • The fine has always been available for the IRS to use, but they sent out the mis-match letter. Now I'm being told this is becoming so problematic they intend to enforce the fine. I have about 1,000 employees - we're taking no chances.
  • Zanne: Let me help you, payroll must have a correct name and social security number match to either pay a contract hour situation with IRS 1099 required or to pay an enrollment with W-2/W-4 situation.

    My company has just be enrolled into the SSA Federal Test program for the verification of SSN and name including spelling. I believe it will be this year that our payroll folks will start getting SSN AND NAME MISMATCH notices with a potential $50.00 per name fine assigned to each.

    I just completed my first test verification as a result of this posting. I submitted 5 names and ssns. Out of the five one was mine just so I could check the system to make sure I was submitting it correctly. Out of the five two were new employees at remote sites that are scheduled for a visit with me tomorrow for enrollment into our company as employees, and one was a new manager trainee, and two were foreign nationals with work permit and SSNs. I got two back that were not validated. It is the two foreign nationals that I must now go and suspend pending their application to SSN for the error correction of either their name or their number. Guess what I perdict, I will never see the SSN application and they will not be back to work. If I do, we will put them back to work and wait for 90 days for the new documentation corrected, at which time, we will submit payroll correction information to SSA and they will correct their erronous records! SSA could be wrong, but I will wait and see.

    By next year maybe the SSA and INS will have this situation in all of our hands and we will probably see a large number of illegal persons leaving because they do not have a valid name and social security card. And just maybe the black market for illegal documentation will dry up!

    NOW EVERYONE HOLD YOUR BREATH UNTIL ALL THIS GOOD NEWS HAPPENS!!! PORK
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-01-03 AT 09:32AM (CST)[/font][p]As a point of clarification though, neither the payroll department, nor any other department in fact, has a 'right' to demand production of the card itself. The benefits and payroll forms are to be filled out by the new hire, period. If they decide to use it for I-9 ID, then the HR person has a right to inspect the card visually, and if it's your policy, to copy it. But, I agree; shoo him off before he lays other eggs.
  • "DANDY DON" It is not the card that is so important, it is the correct execution of the block labeled SSN# on the I-9 with the name spelling thatis so very important.

    Without the I-9 there is no employer/employee relationship properly established and consumated. PORK


  • I know this is an interesting topic we are experiencing more and more of lately. You can not require an employee to provide it, however, since we require it for background checks, I am not "required" to make them a job offer with out it. If they leave it blank on the app, I just explain to them that pending a job offer we would need it for background and reference checking. I guess if I never ask for it, they know we are not making an offer. :)


    "I know God only gives us what we can handle, but I wish he didn't trust me so much." Sister Therese
  • Going back (waaay back) to rina's original question: I think this is a fad that was big in the late 1990s. As I recall, a religious group claimed that SSNs were the mark of the beast as described in the Book of Revelation, so they refused to give their number to employers. (This religion was very popular among tax evaders, too!) They sued employers that wouldn't hire them for failing to accommodate their religious beliefs. Courts ruled that requiring employers to violate the law would be an UNreasonable accommodation, so they didn't have to hire the unnumbered applicants.

    If you're an Employment Law Letter subscriber, you can search the old newsletter archives for "mark of the beast" and you'll find a bunch of articles dating back to 1995.

    James Sokolowski
    HRhero.com
  • "Circular E, Employer's Tax Guide, rev January 2003
    Page 8

    4. Employee's Social Security Number (SSN)
    You are required to get each employee's name and SSN and to enter them on Form W-2. (This requirement also applies to resident and nonresident alien employes.) You should ask your employee to show you his or her social security card. The employee is required to show the card if it is available. You may, but are not required to, photocopy the social security card if the employee provides it. If you do not provide the correct employee name and SSN on Form W-2, you may owe a penalty."

    The question becomes what is considered "available". Our practice is that if the card itself is not presented as part of the I-9 process, at the end of the hiring paperwork fun, we ask to see their card. We do it this way so that it is not construed that we are asking for the card for the I-9. If they do not have the card with them, we ask them to bring it to our office within the next two weeks. We also have posted in the hiring area the information on applying for a replacement card: phone number, email address and street address. The problem with verifying with SSA is that if the name/number don't match, they don't tell you what doesn't match. Am I missing a middle name, is the number maybe transposed, have I spelled out a name that should be abbreviated? All they will say is that the name and number don't match their records and to tell the person to contact them. The best example I've heard is the difference between "Bill Clinton" and "William Jefferson Clinton". Although we know they are the same person, SSA says no. Also, they are fining for mismatches - we had fice this year. Turns out three of them were probably illegals as they stopped showing for work when we sent them the suggested letter asking to see their SSA card. Of the other two, one had already terminated so I could do nothing and the other turned out to be an error at SSA.


  • [font size="1" color="#FF0000"]LAST EDITED ON 05-02-03 AT 12:08PM (CST)[/font][p]Please do not confuse I-9 forms with IRS regulations. IRS regulations require that the employer submit the employee's SSN. The EEOC has consistantly taken the position that the employer cannot terminate or discipline an employee who refuses to give a SSN on religious grounds. Every federal court that has ruled on this issue has found against the EEOC. Of course, one never knows what the Peoples Republic of California will do.

    Vance Miller
    Editor, Missouri Employment Law Letter
    Armstrong Teasdale LLP
    (314) 621-5070
    [email]vmiller@armstrongteasdale.com[/email]
  • Pork: I disagree with your statement that 'the card is not important'. The employer rep who completes the I-9 has a duty to inspect the documents for authenticity. I'm not talking magnifying glass, but the card IS important. I realize in your Mississippi County the inmates have those machines that crank out colorful metal SSN cards, but I'm talking about the rest of the country in general.
  • The social security Card is not the only id that can be presented on the I-9. There are other options. And while we're on the subject, how can there be alien resident cards with a person's picture, but no fingerprint (because the person was not available)?
  • THAT IS AN EASY ONE---THEY JUST BUY A NEW SSC!

    One of the two foreign nationals we suspended yesterday came in this morning with a brand new card and a different number. I quickly got back on line and verified in print that the number / and name was a mis-match and sent him back to the SSA for correction of the error and he is not allowed to go back to work until he gets a document from the SSA which is an application for correction of their error. It has to be the SSA error because our payroll records submitted to the IRS is the same as that which we have in both the name and the number.

    Don: Again it is not the card that is important, it is the number that is on the card or in the employee's head. As long as the number matches the name in our payroll records, the IRS, and the SSA there is NO PROBLEM. The card as a document is important if it is use as one of the documents used!

    PORK
  • UPDATE: The 2nd mis-match ssn employee came back this morning with a new SSN and new card. I very nicely when to my new link to SSA and would you believe there wasanother mis-match. I could not believe my manager put this dude back to work this morning and I sent him right back out the door and explained that he can only return when he has an official letter from the SSA.

    The third mis-match came back this morning and he had a letter from the local SSA that they had made a mistake and had the individual recorded as a FEMALE. I wondered why they needed that information when we input the link data. Now I know; it is so that OUR government needed one more piece of information, which would identify that we have a male or female named Joe Mack Billie-Bob Smith WORKING SOMEWHERE. SSA wrote that the error was found and it was their mistake and the data will be corrected on Monday. Since it was not our employee's fault, we will pay the employee for this time spent with SSA and away from the production line. It really only took him about 1 hour but the drive time, waiting time, the drive back time left him with only the last hours of the day to work. It was worth it to us to get the problem corrected today, so we pay for his inconvience and he will support HR in the future. PORK
  • Pork, (master of the CAP LOCK KEY) do you check your SSN online or through the telephone service? I know that the SSA has started doing number checks online but I thought it was just a pilot program with only a few employers able to do it.
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