The Department of Homeland Security (DHS) recently rescinded their proposal to impose a 90-day safe harbor for employers who receive a notice from the Social Security Administration that a social security number being used by their employee does not match the name on file with the Social Security Administration. Large unions and various business groups feared that work-authorized individuals would accidentally get caught up in the fray and be erroneously terminated. After protracted litigation, DHS backed down and rescinded the proposed rule.Many social security mis-match letters are created as a result of women being married and changing their name to something different than what is on file at the Social Security Administration. Other reasons include typographical errors at the time of hire, individuals who naturalize and change their name, or individuals using a false name that does not match the social security number.
The rule would have given employers 90 days to resolve the matter without incurring any liability for employing an individual who may lack work authorization. The rule would have also required that if you and the employee cannot resolve the discrepancy, then it would have required that you fill out a new I-9 for the employee using documents other than a “List C” social security card. If you failed to do so, you and your company could have been held liable for civil and criminal penalties. Now that the proposed rule has been rescinded, the key question is where does that leave you, the Employer?
Read more
