Allegation of Misused SSN
Question: How should we respond to an allegation that a Social Security number (SSN) belonging to someone else is being used by one of our employees?
Answer: As a first course of action, confirm that the SSN provided matches the employee’s Form I-9 and other payroll records. You may also contact your local Social Security Administration (SSA) office to verify that the employee’s name and birthdate match the SSN on file.
When the SSA determines there is a mismatch, it typically issues a notice to the employer advising that records should be corrected; this often requires the employee to resolve the issue directly with the SSA.
If, after contacting the SSA, the allegation appears to have merit, speak with the employee to inform them of the discrepancy and allow them to visit the SSA office to correct the matter as soon as possible, ideally during the next business day. More information is available from the Social Security Administration.
According to the SSA you should remember the following:
- A mismatch is not, by itself, a reason to take adverse action such as laying off, suspending, firing, or otherwise discriminating against an employee.
- Company policy should be applied consistently to all workers.
- Using an SSA mismatch to take inappropriate adverse action against a worker may violate state or federal law.
- Information from the SSA SSN verification service does not indicate a worker’s immigration status.
Don Phin, Esq. is Vice President of Strategic Business Solutions at ThinkHR, which helps companies resolve workforce issues, mitigate risk, and ensure HR compliance. For more information, visit ThinkHR.
Further assistance may be available through your legal counsel.
Frequently Asked Questions
How do I verify whether an SSN is correct?
Start by checking the SSN on the employee’s Form I-9 and payroll records and contact your local Social Security Administration office to request verification.
Can I suspend or fire an employee for an SSA mismatch?
No; an SSA mismatch alone is not a lawful basis for adverse employment action and doing so may violate laws or company policy.
What should I tell the employee if a mismatch is found?
Inform the employee about the discrepancy and give them an opportunity to correct it with the SSA promptly, explaining any reasonable timeframe your policy allows for resolving the issue.
How long does an employee have to fix an SSN discrepancy?
Timelines vary by employer policy and circumstances, but employers should allow a reasonable period for the employee to resolve the issue with the SSA while applying policies consistently.