Each year the Social Security Administration (SSA) sends out millions of no match or mismatch letters informing employers that the name and social security number that the employer reported for an employee did not match the SSA database. Discrepancies can result from clerical or transcription error, name changes that are not reported, an individual having multiple surnames that appear differently in the SSA database than on the employer’s records, or because the employee is using a Social Security Number that does not belong to the employee. Because the no-match may be caused by legitimate reasons that do not relate to an individuals’ work authorization or immigration status, a no-match letter does not necessarily mean that an individual is not authorized to work in the Unites States.

On the face of the no-match letter, the SSA reminds employers: “This letter does not imply that you or your employee intentionally provided incorrect information about the employee’s name or SSN. It is not a basis, in and of itself, for you to take any adverse action against the employee, such as laying off, suspending or firing or discriminating against the individual. Any employer that uses the information in this letter to justify taking adverse action against an employee may violate state or Federal law and be subject to legal consequences. Moreover, this letter makes no statement about your employee’s immigration status.”

Steps to take after receiving a no-match letter

If an employer take the following steps upon receiving a no-match letter from the SSA or DHS regarding an employee, the employer will not be deemed to have “constructive knowledge” that the employee is an unauthorized alien.

1. Within 14 days after receiving the letter, check your company’s records to determine whether the discrepancy is due to a clerical or typographical error or unreported name change. Do not wait until the 14th day to check the records, as all the following steps must be completed within 14 days if an error is discovered. If an error is discovered,
a. Inform the SSA of the correct information, either by following the instructions in the letter or any other reasonable way.
b. Confirm with the SSA that the corrected name and social security number match the SSA’s records: and
c. Make a record of the manner, date and time of confirming with the SSA the validity of the corrected information

2. If no typographical or other error is found, promptly request that the employee confirm that the name and social security number that your company has on record is correct.
a. If the employee confirms that your records are correct, you must request that the employee resolve the discrepancy directly with the SSA.
b. If the employee states that your records are incorrect, you must:
i. Correct the information in your records
ii. Inform the SSA of the correct information
iii. Confirm with the SSA that the corrected name and social security number match the SSA’s records
iv. Document and retain the manner, date and time of confirming with the SSA the validity of the corrected information

The discrepancy is only considered resolved and the “safe Harbor” of the regulations effective if the employer verifies the corrected information with the SSA.