On March 25, 2019, the Social Security Administration announced that it resumed its past practice of sending Employer Correction Requests Notices, more commonly known as “No Match” letters, to U.S. employers. No Match letters notify employers that one or more employees’ W-2 information does not match their information in SSAs records. (SSA had suspended the practice of issuing these notifications in 2012.)
Employers who knowingly employ workers who do not have valid work authorization are subject to stiff penalties. No Match letters that are not acted upon may be used by the government as evidence that an employer knowingly disobeyed the law.
However, a No-Match Letter standing alone is not proof of an unauthorized or undocumented worker, it simply means the information on the W-2 does not match what SSA has on file. An employer may not rely solely on a No Match letter as a basis for taking action against an employee identified in the letter. Such action could subject the employer to liability under the antidiscrimination provision of the Immigration and Nationality Act.
Bill Egan is a Seasoned Employment Law Attorney backed by over 33 years of proven, veteran experience. He specializes in navigating businesses through conflict resolution in the workplace.