The Social Security Administration (SSA) has announced that as of March 2019 they began mailing Employer Correction Request Notices. A copy of the SSA Notice can be found at https://www.ssa.gov/employer/notices.html. These notices, also known as “no match” notices or letters, are sent to employers identified as having submitted at least one Form W-2 containing an employee name and social security number combination that does not match the SSA records. According to the SSA, the purpose of the notices is to advise employers that corrections are needed in order to properly post its employee’s earnings to the correct record.
Note to Employers:
There are a number of reasons why reported names and social security numbers may not match with the SSA records, such as typographical errors, unreported name changes, and inaccurate or incomplete employer records.
A “no match” notice does not imply that you, the employer, or your employees intentionally gave the government wrongful information about the employee’s name or social security number. More importantly, the notice does not address your employee’s work authorization or immigration status. The notice should not be used to take any adverse action against an employee, such a laying off, suspending, firing, or discriminating against that individual because their social security number does not match the SSA records. Any of those actions could, in fact, violate State or Federal law and it might subject you, the employer, to legal consequences. If you have any questions about how to properly handle the receipt of a “no match” letter, please contact our office.
Note to Employees:
If you have a valid social security number, you can show your social security card to your employer and make sure that your employer’s records match the information provided on your social security card. If your employer’s records match the information on your social security card, you might need to contact the SSA to resolve the issue. If you have legally changed your name, due to marriage, divorce, court order or any other reason you must notify the SSA and apply for a new social security card with your correct name.
If you do not have a valid social security number, it is recommended that you consult with an attorney about this issue. You should not disclose to your employer any information about your immigration status.
Georgina Olazcon Mozo, Esq.