Dear GVC SHRM Members and HR Members At-Large,
SOCIAL SECURITY "NO-MATCH" LETTERS
by Frank Kerbein
the first time in seven years, employers are receiving Social Security number
(SSN) no-match letters from the Social Security Administration when it has
discovered that the W-2 records submitted by the employer don't match the
administration's records on employee names and SSN’s. This is a warning to
employers to carefully check the employee's information. The problem could be
as innocent as a typo or as serious as a stolen identity.
letters don't include the names and Social Security numbers of employees with
mismatched SSNs, as they had in the past. Employers must register online with
the Social Security Administration's Business Services Online (BSO) to find out
whose SSNs are mismatched. You can find information on how to this
an employer learns of SSN mismatches and does nothing, then U.S. Immigrations
and Customs Enforcement (ICE) may consider the employer to have
"constructive knowledge” that it has an unauthorized worker. But if
employers take adverse action against an employee based solely on no-match
letters, they may be sued for discriminating against the worker based on
Social Security Administration began sending no-match letters to employers in
1993. The George W. Bush administration issued a regulation that provided
procedures for employers to follow when they received no-match letters and a
safe harbor to companies that followed these rules. But the regulation was held
up in litigation and rescinded in 2009 during the Obama administration. In
2012, the Social Security Administration stopped notifying employers about SSN
mismatches. The Trump administration began sending the letters again this
spring to strengthen the enforcement of immigration laws. The safe harbor,
however, has been eliminated.
receiving a no-match letter employers should:
- Check their records for a clerical error.
- Notify the employee of the mismatch.
- Give the employee a reasonable period of time to
resolve the mismatch with the Social Security Administration.
For more information or any questions, please contact:
Center for Human Resources
The Business Council of New York State, Inc.
111 Washington Avenue |
Suite 400 | Albany,
Tel. 518.455.7180 |
email@example.com | www.bcnys.org
Sandy Whitmore, SHRM-SCP, SPHR
President, Genesee Valley Chapter SHRM