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No-Match Letters - new regulation
August 15, 2007 by Ross Runkel at LawMemo
Lots of excitement about the new reg dealing with Social Security no-match letters. The buzz is that the government is really cracking down on employers who hire illegals. And doing this by making employers fire workers whose social security numbers don't check out.
Ho hum.
There is no requirement to fire non-matching workers.
I see it all as merely a clarification. It spells out what steps an employer should take when the government notifies the employer that the SSN does not match. And if the employer takes those steps, it's pretty hard for the government to later argue that the employer had knowledge (constructive or actual) that an illegal was on the payroll.
I think George Orwell would have liked the title of the new regulation: Safe Harbor Procedures for Employers Who Receive a No-Match Letter.
Text of the rule (which goes into effect September 14, 2007).
Fact Sheet.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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