The Social Security Administration (SSA) No-Match letters to employers are notifications from SSA that an individual employee’s W-2 form does not match SSA’s records. The letters also inform employers that corrections are necessary and direct employers to use the SSA’s Business Services Online (BSO) database, which requires registration, to find out exactly which employees came up as “mismatched” and to respond.
What are some of the reasons that there might be a “mismatch”?
- An administrative error or typo
- Misspelled names
- Numbers reversed
- Name change due, for instance, to marriage
- Fraudulent social security card
Upon receipt of a No-Match letter, an employer must walk a narrow path. Receipt of a No-Match letter without more does not indicate that the employee intentionally provided incorrect information and does not adversely affect employment. At the same time, ICE routinely inquires about receipt of No-Match letters as part of an I-9 audit. Accordingly, upon receipt of the letter, employers should consider appropriate follow-up consistent with government instructions.
Basic steps employers should take include:
- Compare the SSA information with the individual’s other employment records – is there a scrivener’s error?
- If the employer’s records match, notify the employee in writing and ask the employee to check the name and number on his or her Social Security card.
- If the information on the card matches the No-Match letter, notify the employee in writing to resolve the no match with SSA.
- Document all steps taken to comply with the No-Match requirements.
Jackson Lewis attorneys are available to assist you.