DOJ Gives Guidance Regarding Social Security No-Matches
The U.S. Department of Justice (DOJ) weighed in this week with guidance on how Employers should handle social security number no-matches for employees. DOJ stressed that a no-match should merely be the start of an inquiry and a request to the employee to help resolve the discrepancy. It should not be cause for an immediate termination, or immediate filling out of a new I-9.
There is still an open question as to how much time an Employer has before they should request a new I-9, and if necessary terminate an Employee with a social security no-match. DOJ stressed that each case is fact specific. Interestingly, they also noted that for E-Verify employers, the Social Security Administration (SSA) can now hold a tentative non confirmation in abeyance for up to 120 days if the facts warrant it.
Causes of social security no–matches include: name changes due to marriage or divorce, input errors by SSA staff; reporting errors by an employer or employee, identity theft, errors in reporting hyphenated surnames, and fraud.
This new guidance from DOJ is helpful. However, employers are still concerned whether U.S. Immigration & Customs Enforcement (ICE) will have the same view as to how much time is reasonable to resolve a no-match. Until Congress decides to create a uniform electronic verification system, employers will still be left with many uncertainties. For information on the latest DOJ pronouncement, see: http://www.justice.gov/crt/osc/htm/SSA.php.
