Human Resource Blog

fraudulent use of a social security number

We received a call from a women who claims that we have an employee that is using her social security number.

We processed the staff member in question through Everify when she was hired and it came back employment authorized.

At this point do we question that staff member? Is it cause for termination? Do we need written notification from the women that is making the claim?

Identity theft is a serious issue in the workplace, and many employers do not have the resources to sort it out. You should contact the police and pass on the allegations made by the caller, along with the callers name and contact information. Ask them to investigate. You may also want to call the USCIS Verification Division at 1-888-464-4218.

Unfortunately, E-Verify sometimes fails to detect identity theft. Suppose Agnes is an undocumented worker. She uses the name and social security number of Julianna Torres, a U.S. citizen. Agnes has a fake I.D. produced with her picture on it, but the name of Julianna Torres. Especially if the two women are about the same age and of similar appearance, there is no way for E-Verify to know that your employee is not the real Julianna Torres. E-Verify comes back, telling you that Julianna Torres can legally work in the U.S.

However, it is also possible that the caller is lying, or that it is a simple clerical error, such as transposing two numbers. The first step you should take after calling the police is to inform your employee that this complaint has been made. We can almost guarantee if she is an undocumented worker, the day you have that conversation is the last time you will see her.

The good news is that because you used E-Verify, you as an employer are not guilty of a crime if you unknowingly hired an undocumented worker who was using a convincing fake I.D. Your case is even stronger if you have copies of the I-9 documents, and they appear genuine. You can either allow the employee to continue to work during the criminal investigation, or suspend her with pay. Once the investigation is complete, if the employee is not legally permitted to work in the U.S., obviously you will fire her. However, she will probably be gone long before that occurs.