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Apr08

Social Security Card Requirement

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We have an employee that was hired six months ago. She did not provide proof of social security number verification because she said she lost her social security card.

My HR rep is saying to me that she must provide the card. She has given us her birth certificate to prove citizenship and a copy of request for new social security card that she got from the office.

Do you know of any policy that requires the card to be shown for employment.

Thanks

Frankly, this situation has already gone on for 6 months too long. It should have been resolved immediately after the employee was hired.

Under a little-known provision of the law, employers who use E-Verify to determine whether employees may legally work in the U.S. are permitted to require that a Social Security Card be one form of identification used for the I-9 form. In most cases, the employee can present a copy of the request for a duplicate Social Security Card from the SSA for this purpose. The request usually verifies the Social Security number that the SSA has on file for the employee. However, our experience is that the employee should have the new Social Security Card within 4 to 6 weeks. If the employee does not, there is likely to be a problem somewhere — meaning that the employee may be engaged in identity theft.

The HR rep is not being unreasonable. The employee should not be scheduled until she can provide the required documentation to show that she can legally work in the U.S. By continuing to employ her without this documentation, the employer is breaking the law and could be subject to thousands of dollars in fines.

If your company does not use E-Verify, then the employee must show  other documents specified on the I-9 to establish identity and eligibility to work. For example, a state I.D. card or Drivers License, and a U.S. birth certificate.

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This entry was posted on Wednesday, April 8th, 2009 at 11:31 am and is filed under
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3 Responses to “Social Security Card Requirement”

  1. What Does a Credit Report Include? Says:
    April 8th, 2009 at 1:26 pm

    […] » Social Security Card Requirement Human Resource Blog […]

  2. Brittancus Says:
    April 11th, 2009 at 2:39 pm

    E-Verify is simple, free, Web-based system that works by electronically comparing new employee information taken from the Form I-9. It works, and maybe that’s why the open border zealots have amassed against the application ? Opponents of E-Verify have resorted to charges that it is full of errors, when in truth it has an average a 99.5 success rate. More than 425 million records in the Social Security Administration’s database and more than 60 million records in the Department of Homeland Security’s immigration data base can then be verified.

    In March E-verify was further enhanced by using a picture tool that helps patriotic businesses to identify illegal foreign workers. It allows an employer to compare identical photos – the worker’s photograph on the EAD or green card against the image stored in USCIS’ databases, which contains nearly 15 million images of individual documents. The tool is designed to help an employer determine whether the document presented reasonably relates to the individual presenting it and contains a valid photo.

    Typos and similar problems are cured on line, so legal workers usually only have problem only if they changed their names or citizenship status–but failed to inform Social Security of the change. Others have to do something more to establish that they are lawfully authorized to work by approaching the SSA. While certain individuals do nothing–disappearing into the woodwork. It works! So–THE PEOPLE–should make it a permanent addition to our arsenal against illegal aliens stealing jobs of Americans. If a business hires illegal labor and have not used E-verify, they should be subject to severe penalties. Two legislators have remained instrumental in trying to dismantle E-Verify, the REAL ID act, police enforcement (247(g) and ICE raids. Sen. Harry Reid and Speaker Nancy Pelosi. Remind your Senators and Congressman–who they work for?

  3. Caitlin Says:
    April 11th, 2009 at 4:16 pm

    Hi Brittancus! Many employers, both small and large, agree with you! Thanks for your comments!~ Caitlin

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