According to its new policy, announced in 2018, the Social Security Administration (SSA) has recently started sending “Employer Correction Request” letters, also known as “no-match letters,” to every employer that has at least one employee whose name or Social Security number (SSN) listed on an employer’s Form W-2 do not match SSA’s records.

Many employers tend to interpret these letters to mean that affected employees use fraudulent social security numbers. It is important to understand that “no-match letters” do not necessarily mean that some employees are unauthorized to work in the US or that their SSNs are fraudulent. The information submitted for a worker may not match for various other reasons such as a misspelling, maiden name, etc.

An employer should not fire, or take any other adverse action against worker based solely upon the employee being named in one or more SSA no-match letters received by the employer. It is advisable to notify employee of the issue and give him/her reasonable amount of time to correct no-match situation.

Please refer to this resource on how to respond to no-match letters and avoid discrimination claims.