From 2009 until recently, the Social Security Administration paused issuance of "no match letters" — notices that alert an employer to a mismatch between an employee's name and Social Security number (SSN). The pause followed controversy and litigation about federal rules governing employer responses. With the SSA again sending these letters, employers need to understand appropriate responses and the risks of both action and inaction.
A name/SSN mismatch can result from a simple clerical error (for example, a misspelled name or an unreported name change) or from fraud or undocumented work. Under SSA procedures, employers receive a no-match letter when the individual cannot be reached directly about the discrepancy. The letter makes clear that the notice "does not imply that you or your employee intentionally provided incorrect information" and that the letter by itself is not a basis for termination or other adverse action. At the same time, failing to address a known mismatch or taking the wrong steps could expose an employer to enforcement risk if the employee is unauthorized to work.
Recommended employer steps
- Check company payroll and personnel records to confirm there was not a clerical error.
- Ask the employee to verify the exact name and SSN as they appear on their Social Security card; the employee is not required to show the card, but seeing it can help confirm records.
- If the mismatch remains, ask the employee to contact the Social Security Administration to resolve the matter and give the employee a reasonable period of time to do so; agency guidance notes that some discrepancies can take up to 120 days to resolve.
- Meet with the employee periodically and document the status of their efforts to resolve the mismatch.
- Follow the same procedure for all employees regardless of citizenship or national origin to avoid discriminatory treatment.
- Review any documentation the employee provides that shows the mismatch is resolved and submit any necessary corrections to SSA.
What employers should not do
- Do not assume a no-match indicates an employee's immigration status or work eligibility.
- Do not use the letter as the sole basis to terminate, suspend, or otherwise discipline an employee.
- Do not immediately re-verify employment eligibility by requesting a new Form I-9 solely because of a no-match letter.
- Do not require employees to present specific I-9 documents solely to address a no-match.
- Do not require employees to obtain a written verification report from SSA as a condition of continued employment, since such reports may not always be available.
Neither SSA nor other federal guidance fully prescribes what employers must do when an employee cannot resolve a mismatch. Consistency in how you handle no-match cases is critical to reduce the risk of discrimination claims and to manage compliance exposure. Document steps taken, apply the same process to all workers, and make individualized decisions when an issue remains unresolved.
Because these cases can raise legal risk, consider developing written policies and consulting counsel for difficult cases; if you want assistance reviewing compliance and payroll policies, talk to an agent.
Provided courtesy of the Worklaw Network firm Shawe Rosenthal.
Frequently Asked Questions
What is a "no-match" letter?
A no-match letter notifies an employer that an employee's name and SSN in SSA records do not match. The notice does not automatically imply wrongdoing by the employee or employer.
How long should I give an employee to resolve a discrepancy?
There is no statutory deadline, but agency guidance recognizes that resolving SSA discrepancies can take several weeks to a few months; employers should allow a reasonable period and document follow-up.
Can I fire an employee solely because of a no-match letter?
No; agencies advise that a no-match letter alone should not be the sole basis for termination or other adverse employment actions.
What documentation should I keep when addressing a no-match?
Document your record checks, meetings with the employee, the employee’s efforts to contact SSA, any evidence of resolution, and consistent application of company policy.