WORKPLACE LAW - Cautious Employer
Question:
I recently received a notice from the Social Security Administration saying that one of my employee’s names does not match his social security number. Does this mean that my employee is guilty of some kind of fraud? Am I supposed to take some action here? I would appreciate any advice you can give me on this issue.
Answer:
The notice you received from the Social Security Administration (SSA) is one that employers do receive from time to time. The notice could indicate that there is a problem with your employee, or it could simply be tipping you off to a clerical error of some sort. Thanks to a new service being provided by the Social Security Administration (SSA), an employer can now go on-line in order to verify names and social security numbers against the SSA’s records, and to determine the reason for notices such as the one that you received.
The SSA’s new program is called the Social Security Number Verification Service (SSNVS), and can be found at the following website: www.ssa.gov. The SSNVS allows an employer to verify up to 10 names and social security numbers on-line per log-in session and to receive immediate verification of the number, or to upload up to 250,000 names and social security numbers to the SSA database for evaluation. Results are typically available the following day.
The goal of the SSNVS is to ensure that your employees’ records are correct for purposes of completing IRS Form W-2. The SSNVS is not intended to be used for credit or identity checks. You should also be aware that you may only use the SSNVS to verify social security information after you have already hired someone—the SSNVS cannot be used as part of your pre-hiring process to screen applicants.
If you choose to utilize the SSNVS, you must be sure to do so uniformly. In other words, if you use the SSNVS to check out newly hired employees, you must verify information on all new employees, and not just on a random sample. Similarly, if you choose to use the SSNVS to verify information for current employees, all of your workers should be verified. This consistency can help prevent allegations of discrimination against a particular group.
There are several reasons that an employee may generate a “failed verification” when his/her information is submitted to the SSNVS. These include a failure to match the employee’s social security number with the SSA’s records, as well as a failure to match the employee’s name and/or gender and/or date of birth. The SSA will notify an employer if there is a failed verification. You should keep in mind that this notification on its own does not mean that your employee has intentionally submitted false information or that he/she is not authorized to work in the United States. For this reason, you should not automatically take adverse action against an employee with a failed verification.
If you receive notification from the SSA, you should first review your records to determine whether the mismatch is the result of something simple, such as a typographical error on the part of either you or your employee, or perhaps a name change due to marriage that was not recorded with the SSA. If not, you should immediately notify your employee that his/her social security number and name do not match, and advise the employee to check their social security card to see if the reported information matches the name and number on the card. If not, the employee should provide the correct information. If the information does match, the employee should contact the local Social Security Office immediately to resolve the issue, and should inform you of any changes that are made. It is a good idea for employers to document any efforts taken in regards to a failed verification situation.
If you are interested in using the SSNVS, you should first register for the SSA’s Business Services Online (“BSO”) and then register for the SSNVS itself. Registration and use of both the BSO and the SSNVS is free. The SSA’s website is a good resource for employers, and contains detailed instructions for how to sign up for and use the SSNVS.- - - - - - - - - - - - - - - - - - - - - - - - - -
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