How to Start a Business

No-Match Letters When you send an employee’s W-2 form to the Social Security Administration (SSA), the employee’s name and Social Security number are checked against SSA records. ICE will also verify the accuracy of information on I-9 forms. If either (or both) SSA or ICE cannot verify employee information, a no match letter will be sent to you indicating that the employee’s name or Social Security number did not match government records. If you get a no-match letter for an employee, avoid taking immediate action against the employee. A no-match letter simply says the employee’s information did not match government records, and is not necessarily an indication that the employee is ineligible to work in the U.S. In fact, firing an employee solely on the basis of a no-match letter may open you up to a discrimination lawsuit. At the same time, if you do not follow up on a no-match letter in a timely manner, you may be cited for knowingly employing an unauthorized worker, which is a violation of federal law. So, how do you act on a no-match letter while protecting yourself from legal action from both an employee and the federal government? Current regulations do not provide procedures that help protect an employer from allegations that he knowingly employed unauthorized workers. However, the ICE has proposed new rules that specify “safe harbor” procedures that an employer should follow when receiving a no-match letter. These new rules do not necessarily protect the employer from allegations of discrimination.

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