What is a Social Security “no-match letter”:  A Social Security “no-match letters” is a notice sent by the Social Security Administration (SSA) to employers and employees to inform them that the employee name or Social Security number listed on an employee’s W-2 does not match the SSA records.  The letter is merely an administrative mechanism of the SSA to notify employers and employees of the discrepancy and to advise the employees that they are not receiving proper credit for their earnings, which can affect future retirement or disability benefits administered by the SSA. 

A Social Security “no-match letter” is NOT a notice of wrong-doing:  The no-match letter is not a notice that the employer or employee has done anything wrong.  There are many ordinary reasons why a no-match discrepancy may occur—mispelled names, transposed numbers, unreported name changes, clerical errors, etc.  The no-match letter is not a notice that the employer should threaten or take any adverse action against an employee listed in a no-match letter.  In fact the no-match letter itself specifically states that employers should not take any adverse action against an employee based on the no-match letter.  The no-match letter does not come from the IRS.  The no-match letter does not come from the federal immigration service and is not in any way a statement about the employee’s immigration status.

Social Security “no-match letters” are frequently misunderstood or misused by employers to terminate or discriminate against immigrant workers:  SSA no-match letters have nothing to do with the Bureau of Immigration and Customs Enforcement or any other immigration enforcement agency.  Still the letters have frequently been misinterpreted by employers who mistakenly think that the no-match letter is a notice that employees listed in the letters are non-citizens who are not authorized to work.  However, there are many reasons why an employee’s name may appear on a no-match letter including change of name, clerical errors, and misspelling of immigrant workers’ names.  In fact, one reason that a large proportion of employers who receive no-match letters are businesses that employee low-wage immigrant workers, is because many of the non-matching names are Latino, Asian, or other names that are frequently misspelled.  In spite of this, some employers mistakenly believe they are required to terminate workers whose names appear in no-match letters.  As a result they lose valuable employees they did not have to fire.  In addition, by terminating immigrant workers based on a no-match letter these employers may also be exposing themselves to liability for unlawful discrimination.

Employers need not—and should not—terminate or otherwise discriminate against employees on the basis of a no-match letter:  There are some simple steps employers can take when they receives a no-match letter that will fulfill their obligations under the law, allow them to retain their employees, avoid any potential discrimination, and avoid trouble from the SSA, IRS, or immigration authorities.  The Equal Justice Center provides technical assistance and informational materials that can help employers act fairly and properly if they receive a no-match letter.

Employees who are listed in a no-match letter should take specific steps to minimize the risk of getting fired:  There are vital steps employees can take to reduce the risk of losing their jobs when confronted with a no-match letter.  The Equal Justice Center provides advice, counsel and assistance to workers and employee groups who encounter no-match problems.

Community-based groups can play a crucial role in showing employers how not to over-react to no-match letters and helping employees understand how best to respond:  The Equal Justice Center works with a broad array of community-based organizations and community justice advocates, developing collaborative strategies to help employers and employees deal with no-match letters appropriately and to minimize improper terminations.