Updated "Do's" on MisMatch as of January 2012
Owing to all of the fits and starts over “no-match” letters, questions continue as to …what do I do when I receive such a notice from the Social Security Administration (SSA):
· Unless you have other reason(s) to know the employee is not authorized to work in this country – do not penalize them or terminate them – the letter itself is no presumption the employee is not work authorized.
· Of course if an employer has constructive knowledge that one of their employees is not work authorized, under federal law, they must be terminated.
· If the employee is no longer in your employee, notify SSA.
· Notify the employee in writing.
· Notfiy SSA of any errors or discrepancies you the employer think have occurred.
· Provide the employee time to resolve the issue with SSA. *
· If the employee provides new and adequate documentation, you must complete a new I-9. *
*This is no substitute for, nor does it constitute legal advice. “Tricky” is not a legal term, but in these areas an employer is certainly in tricky terrain.
Contact joesigg@azfb.org for more information.
