With as many of the 10 percent of the 250 million wage reports received by the Social Security Administration each year having names and Social Security number mismatches, the problem is a nightmare for both the Social Security Administration and employers alike.

Many of the mismatch problems are a result of name changes (e.g., using a married name and forgetting to change your name with the SSA), typos, and other paperwork mistakes. Yet such mismatch problems can often be a sign that the employee is illegal or otherwise unauthorized to work.

When one employer has an error frequency higher than normal, it can be a sign that the employer may be hiring ‘non-documented workers’ intentionally.

Under current rules, if an employer receives a "no-match" letter from the Social Security Administration indicating that the name and Social Security number of an existing or proposed employee do not match, the employer does not suffer a penalty for ignoring the letter.

Under the proposed new rules, employers would have 14 days after receiving a ‘no-match’ letter to work with the government and the employee to resolve the discrepancy. Then, if the problem is not resolved within 60 days, the business would face a choice, either fire the worker or run the risk of government action.

Under the currently rules, employers need to fill out and retain I-9 forms from employees using a paper-based system and under the proposed new rules, such records could be completed and stored electronically.

The proposed regulations by the Department of Homeland Security outline the steps a business should take if notified by the Social Security Administration that a current or prospective employee’s name and Social Security number do not match their records.

Then, if the employer follows the rules that employer would be granted a "safe harbor" and spared prosecution if it was later determined they had hired an illegal.

These new rules, in the opinion of Homeland Security officials, would help Homeland Security to identify and prosecuting employers who are blatantly abusing the system.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.