Beginning April 6, 2011, the Social Security Administration (SSA) resumed sending “no-match” letters to inform employers that employee’s social security numbers do not coincide with SSA’s records. This is a continuation of the process that the SSA stopped in 2007.
How to Respond
The no -match letters caution employers that receipt of the letter is not a basis, in and of itself, to take adverse action against an employee. Instead, you should take “reasonable steps” to resolve the mismatch. These steps include:
- Check employment records to determine if the information provided to SSA matches those records.
- Check employment records to see if there is already a copy of the employee’s social security card, and if not, get a copy.
- If you cannot resolve the issue, ask the employee to contact the local Social Security Office.
- Give the employee a reasonable amount of time to correct the situation. This may take several weeks.
- If you are unable to resolve the situation, document the efforts made to obtain the corrected information.
SSA no-match letters should not to be ignored. The best course of action is to uniformly respond to each no-match letter and resolve the situation the best you can. If you are not successful in resolving the discrepancy, make sure to document the steps did take to work it out.
If you would like more information, the Office of Special Counsel for Immigration-Related Unfair Employment Practices published Guidance on SSA No-Match that can be found at https://www.justice.gov/crt/about/osc/htm/SSA.php