If an employees name and SSN don match SSAs records, doesn that mean the employee is not authorized to work?
No. Just because there is a mismatch between your records and SSA’s records, you should not assume that the employee lacks work authorization. There are many reasons for a mismatch to occur, including: 1. A name change (e.g., due to marriage, divorce or other reasons) after the SSN was issued; 2. A typing or printing error; and 3. An error based on cultural differences in how surnames are used. You should not use the mismatch letter by itself as the reason for taking any adverse employment action against any employee. Doing so may put you in violation of the antidiscrimination provision of the immigration laws, the equal employment opportunity laws, or the labor laws. The General Counsel’s office of the former INS, and OSC, have opinion letters that may assist you on this issue. Please call OSC for more information.
Related Questions
- My computer grants me access to student records. Does this mean I am authorized to view all the available records and do not need to follow the KU Student Records Policy or FERPA?
- May a university employee who is authorized by law to access a computer database browse its records?
- When can an SSA employee testify or produce information or records in legal proceedings?
