Can I legally terminate an employee who's SSN is not valid?

Question

What are the possible repercussions? Will I be held liable for wrongfull termination?

Answer 1

I'm not a lawyer, Ed, but I suspect that you'd be wise to tell your employee the SSN s/he provided is not valid and that you need to see their SSN card to ensure you have the right number. Give a date by which this needs to happen.

Then if the employee hasn't complied, you can let them go with less fear of repercussion, since you did give him or her the opportunity to correct what could have been an honest mistake.

Answer 2

Ask the attorney about this as well as the SS department.  Make sure you cover all your basis first before you fire somebody for falsifying their SS.

Answer 3

Not only can......but legally should.  Just double check your info. to make sure you are correct.

Answer 4

If you are using the Social Security Number Verificaiton Service (SSNVS) you should not take action against an employee whose name and SSN do not match Social Security's records.

According to the Social Security Administration....  A mismatch does not imply that the employer or the employee intentionally provided incorrect information.

A mismatch does not make any statement about an employee's immigration status and is not a basis, in and of itself, for taking any adverse action against an employee. Doing so could subject you to anti-discrimination or labor law sanctions.

Next steps.

1)  Make sure you did not make an error.

2)  Ask to see the employee's Social Security card to ensure you have the correct information.

3)  If you cannot resolve the error, then ask your employee to contact their local Social Security office.

4)  Employers can call 1-800-772-6270 if you need further assistance.