New "no-match" rules require that employers must fire workers when they are unable to resolve discrepancies between the name under which they have been working and the Social Security number under which they have been working. What effect do you expect this change to have upon Social Security field office workloads?
(Q) An employee received a SSA No-Match letter. The employer has known the employee for years and believes the individual to be a U.S. citizen. The employee did not resolve the No-Match issue within 90 days and would not complete a new Form I-9 on days 91-93. Must the employer dismiss the employee?
(A) Hiring and firing decisions should be made in consultation with legal counsel. The employer can elect to not to pursue the safe-harbor provision of the "Safe-Harbor Procedures for Employers Who Receive a No-Match Letter" regulation. DHS/ICE would have to determine that an individual is in fact unauthorized to be employed before the employer would face sanctions. However, if DHS/ICE did establish by the "totality of the circumstances" that the employee is an unauthorized worker, the employer may be subject to sanctions. Employers are cautioned against employing different standards for citizens and non-citizens and may be subject to civil and criminal penalties when they do so.
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ReplyDelete(Q) An employee received a SSA No-Match letter. The employer has known the employee for years and believes the individual to be a U.S. citizen. The employee did not resolve the No-Match issue within 90 days and would not complete a new Form I-9 on days 91-93. Must the employer dismiss the employee?
(A) Hiring and firing decisions should be made in consultation with legal counsel. The employer can elect to not to pursue the safe-harbor provision of the "Safe-Harbor Procedures for Employers Who Receive a No-Match Letter" regulation. DHS/ICE would have to determine that an individual is in fact unauthorized to be employed before the employer would face sanctions. However, if DHS/ICE did establish by the "totality of the circumstances" that the employee is an unauthorized worker, the employer may be subject to sanctions. Employers are cautioned against employing different standards for citizens and non-citizens and may be subject to civil and criminal penalties when they do so.
http://faq.ice.gov/cgi-bin/ice_faq.cfg/php/enduser/std_adp.php?p_faqid=73&p