Why obey the Law
Amazing even our own government agencies bend over for those who break the law and are afraid of litigation from criminals.
THE EMPLOYER SANCTIONS FARCE
By malkin ยท May 14, 2005 07:13 AM
Reader Tim Sumner sent the Social Security Administration the following e-mail:
Subject: questions?
Date: 5/13/2005 12:51:09 P.M. Eastern Daylight Time
From: Tim Sumner
Reply To: employerinfo@ssa.gov
If I received a notice from the SSA that the number I submitted for an employee does not match your records, am I required to ask the employee to resubmit the information to me and, if so, how soon must they provide to me and how long do I have to resubmit the information?
If the employee fails to provide me with the information to resubmit their SSN within the time limit (if one exists) set by the SSA, should I lay-off, suspend, or fire the employee?
If I resubmit the information to the SSA and again it also comes back as not matching the SSA's records, should I lay-off, suspend, or fire the employee until such time they provide me with information that matches a number the SSA has on file?
So you know, I've already read this:
Legal Policy - Don't Discriminate or Misuse EVS - SSA will advise you if a name/SSN you submitted does not match our records. This does not imply that you or your employee intentionally provided incorrect information about the employee's name or SSN. It is not a basis, in and of itself, for you to take any adverse action against the employee, such as laying off, suspending, firing, or discriminating against an individual who appears on the list. EVS should only be used to verify currently or previously employed workers. Company policy concerning the use of EVS should be applied consistently to all workers, e.g. if used for newly hired employees, verify all newly hired employees; if used to verify your data base, verify the entire data base. Any employer that uses the information SSA provides regarding name/SSN verification to justify taking adverse action against an employee may violate state or federal law and be subject to legal consequences. Moreover, this makes no statement about your employee's immigration status.
Here's the response he got:
Subject: Response\zrNagy\1809188
Date: 5/13/2005 2:40:48 P.M. Eastern Daylight Time
From: SSA.Comments@ssa.gov
Reply To: Tim Sumner
Thank you for your inquiry.
There is no time limit for you to provide SSA with the correct information. SSA does not tell employers who to hire or fire. You should follow your companies existing guidelines for such a decision.
When an employer files a W-2 with SSA and the employee's name and SSN does not match our records we are not able to post the employee's wages to their Social Security record. SSA sends the employer a notice in the hopes of receiving the correct information so that the employee can get credit for their earnings.
For more information on how to verify an employee's SSN go to www.ssa.gov/employer.
If you have any additional questions or concerns please call (800)772-6270 or email again.
Sincerely,
Tony Nagy
Employer Reporting specialist's other words, Sumner explains, employers "never have to submit the accurate social security numbers of their employees. They never have to fire an employee who can not or will not give you evidence they have a valid social security number. In fact, the SSA warns employees against firing, suspending, or laying-off an employee whose number does not match the SSA's records."
Oh please do not punish these poor illegal criminals they may come back and file civil litif\gation if we enforce our laws upon them. Give me a break if they give false information that is a felony and if they are here under false identities that is another felony, not to mention being here illegally in the first place.
THE EMPLOYER SANCTIONS FARCE
By malkin ยท May 14, 2005 07:13 AM
Reader Tim Sumner sent the Social Security Administration the following e-mail:
Subject: questions?
Date: 5/13/2005 12:51:09 P.M. Eastern Daylight Time
From: Tim Sumner
Reply To: employerinfo@ssa.gov
If I received a notice from the SSA that the number I submitted for an employee does not match your records, am I required to ask the employee to resubmit the information to me and, if so, how soon must they provide to me and how long do I have to resubmit the information?
If the employee fails to provide me with the information to resubmit their SSN within the time limit (if one exists) set by the SSA, should I lay-off, suspend, or fire the employee?
If I resubmit the information to the SSA and again it also comes back as not matching the SSA's records, should I lay-off, suspend, or fire the employee until such time they provide me with information that matches a number the SSA has on file?
So you know, I've already read this:
Legal Policy - Don't Discriminate or Misuse EVS - SSA will advise you if a name/SSN you submitted does not match our records. This does not imply that you or your employee intentionally provided incorrect information about the employee's name or SSN. It is not a basis, in and of itself, for you to take any adverse action against the employee, such as laying off, suspending, firing, or discriminating against an individual who appears on the list. EVS should only be used to verify currently or previously employed workers. Company policy concerning the use of EVS should be applied consistently to all workers, e.g. if used for newly hired employees, verify all newly hired employees; if used to verify your data base, verify the entire data base. Any employer that uses the information SSA provides regarding name/SSN verification to justify taking adverse action against an employee may violate state or federal law and be subject to legal consequences. Moreover, this makes no statement about your employee's immigration status.
Here's the response he got:
Subject: Response\zrNagy\1809188
Date: 5/13/2005 2:40:48 P.M. Eastern Daylight Time
From: SSA.Comments@ssa.gov
Reply To: Tim Sumner
Thank you for your inquiry.
There is no time limit for you to provide SSA with the correct information. SSA does not tell employers who to hire or fire. You should follow your companies existing guidelines for such a decision.
When an employer files a W-2 with SSA and the employee's name and SSN does not match our records we are not able to post the employee's wages to their Social Security record. SSA sends the employer a notice in the hopes of receiving the correct information so that the employee can get credit for their earnings.
For more information on how to verify an employee's SSN go to www.ssa.gov/employer.
If you have any additional questions or concerns please call (800)772-6270 or email again.
Sincerely,
Tony Nagy
Employer Reporting specialist's other words, Sumner explains, employers "never have to submit the accurate social security numbers of their employees. They never have to fire an employee who can not or will not give you evidence they have a valid social security number. In fact, the SSA warns employees against firing, suspending, or laying-off an employee whose number does not match the SSA's records."
Oh please do not punish these poor illegal criminals they may come back and file civil litif\gation if we enforce our laws upon them. Give me a break if they give false information that is a felony and if they are here under false identities that is another felony, not to mention being here illegally in the first place.
