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Groups: Advice needed after "no-match"

September 22, 2009
Staffing Industry Analysts North American Daily News

Employers need guidance on what to do when receiving Social Security "no-match" letters," the Society for Human Resource Management said in comments filed with the U.S. Department of Homeland Security last week.

The Social Security Administration sends no-match letters to employers with employees whose names do not match their Social Security numbers. The Department of Homeland Security proposed a rule in 2007 that would outline steps for employers to take once they received such a letter. Employers not taking those steps would be deemed to have knowledge they hired illegal workers if they were later discovered in an on-site investigation. Following the rule might also have protected an employer from discrimination claims.

The rule was blocked by a court and never took affect. It was rescinded this year. However, SHRM and the American Council on International Personnel told the Department of Homeland Security last week that employers still need guidance on handling no-match letters.

"Rescinding the guidance and repealing the safe harbor will mean that employers will remain between a rock and a hard place -- wanting to resolve discrepancies but having no guidance on what [the Department of Homeland Security] would consider a good faith attempt to resolve or how to avoid violating anti-discrimination laws through the resolution process," the organizations wrote.