On April 6, 2011, the Social Security Administration (SSA) Commissioner issued a directive to resume sending letters to employers and employees when there is a mismatch between an employee’s name and their Social Security number. As before, the new mismatch letter cautions employers that it is not a basis in of itself for an employer to take any adverse action (laying off, suspending, firing, etc.) and makes no statement about an employee’s immigration status. A FAQ on the SSA website provides further information.
The U.S. Department of Justice Office of Special Counsel for Immigration-related Unfair Employment Practices (OSC) has also published on its website revised guidance regarding how employers can respond to notices indicating that an employee’s name and Social Security number (SSN) do not match information on record. These notices include Social Security Administration (SSA) “no-match” letters, usually issued in response to an employee wage report, which advise that the name or SSN reported by the employer for one or more employees does not “match” a name or SSN combination reflected in SSA’s records. In addition, other organizations, including other government agencies, commercial businesses, and third party entities, issue notices or provide alerts similar to SSA no-match letters. SSA sends three types of no-match letters: (1) a letter sent directly to a worker at his or her home; (2) one sent to an employer about an individual employee when SSA does not have the employee’s correct home address; and (3) one sent to an employer about multiple employees when at least ten employees during the year, or one-half of one percent of the employer’s workforce, have mismatched records. This final type of letter was last issued by the SSA in October 2007.
Reports or alerts from other sources, such as commercial businesses that conduct employee background checks, third party identity theft inquiries, and health care providers, should be treated cautiously, because the organizations may not have access to current information contained in SSA’s databases. In responding to a no-match letter from a source other than SSA, an employer should, at a minimum, follow the same policies, procedures, and timelines as it does for SSA no-match letters.
OSC’s guidance is part of a packet of information developed with input from SSA, U.S. Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS). The packet includes no-match information for employees, no-match information for employers, and “Frequently Asked Questions.” The guidance emphasizes that, on its own, the receipt of an SSA no-match letter is not a sufficient basis to terminate, suspend or take any other adverse action against an employee. Instead, upon receipt of a no-match letter, employers should periodically meet with employees and work to resolve the no-match, allowing a reasonable period of time for such resolution.
The guidance packet is available here. For more information regarding the receipt of a no-match letter, contact OSC at 1-800-255-8155 or visit our website athttp://www.justice.gov/crt/about/osc.