The Social Security Administration (SSA) sends mismatch letters to employers if an employee’s name does not match the information in the SSA database. For instance, an incorrect social security number might result from clerical error or false use. The mismatch letter encourages an employer to cooperate and correct the discrepancy such that payments and benefits to eligible workers are accurate.
On June 8, 2006, the Bureau of Immigration and Customs Enforcement (ICE) proposed regulations on procedures that an employer should take upon receipt of a mismatch letter in order to avoid being charged with constructive notice that an employee is an unauthorized worker. The employer should ensure that employment authorization verification policies are in place. If the employee provides false information during the employment process, termination due to misrepresentation should be permitted.
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