Social Security No-Match and Employment Law - Court Forum

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11-21-2007

saltydeath saltydeath is offline

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Social Security No-Match and Employment Law

I'm writing a piece about a company that did an internal audit to find workers who had non-matching SSN#'s, then fired those workers, telling them to re-apply for the same job through a temp agency. I have several questions. First of all, is there a legally required amount of time an employee must be given to resolve issues with his SSN? I know that if a company receives a no-match letter from Social Security they're supposed to give the worker 90 days to resolve any issues, but what if the company initiates the audit on it's own accord? In this case workers were given only one week to bring in new documents. Many did bring in documents, which may or may not have been valid, but they were rejected outright as false by the employer. Does an employer have a right to make that call? Finally, what is the legality of re-hiring a worker through a temp agency after you've been made aware of the SSN problem? Does the burden of proving citizenship fall upon the temp agency? In short, has this company done everything legally above the board as far as you can tell? Please respond as soon as possible; I have a news deadline.
Thank You.

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