What should I do once I know some employees have provided false SSN’s?

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What should I do once I know some employees have provided false SSN’s?

The company I work for has 4 current and 1 past employee whose SSN’s do not match their name, according to the SSA. I have verified that the information I have matches their SS cards. I have told them they need to report to the SSA to try to figure out what the problem is. I know they will not go because one of them has told me they are here illegally. Just need to know how to advise the company ownership.

Asked on May 9, 2019 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Terminate them. An employer is not obligated to affirmatively report an employee's crimes--and using a false SSN is a crime--to the authorities, BUT 1) you cannot employ anyone who is not legally eligible to work in this country, on pain or threat of fines and sanctions; and 2) if you continue to employ and pay them knowing that they are using false SSNs, the employer may become complicit in crimes (like identity theft or tax fraud) they are committing. So your company, to protect itself, needs to terminate them immediately.


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