Employers Bracing for Immigration Rules

[WifeOHunkyJohn 2]

Employers Bracing for Immigration Rules

By SUZANNE GAMBOA and ANABELLE GARAY

The Associated Press

Friday, August 3, 2007; 12:42 AM

Mark Chamblee of Chamblee's Rose Nursery in Tyler, Texas, poses in one of his greenhouses, Wednesday Aug., 1, 2007. Chamblee may have to fire some of his workers with questionable Social Security numbers to avoid getting snagged in a Bush administration crackdown on illegal immigrants. He says he suspects a few of his workers could have trouble with their Social Security numbers and said he will fire them if the problems aren't resolved. (AP Photo/Herb Nygren Jr.)

WASHINGTON -- Employers across the country may have to fire workers with questionable Social Security numbers to avoid getting snagged in a Bush administration crackdown on illegal immigrants.

The Department of Homeland Security is expected to make public soon new rules for employers notified when a worker's name or Social Security number is flagged by the Social Security Administration.

The rule as drafted requires employers to fire people who can't be verified as a legal worker and can't resolve within 60 days why the name or Social Security number on their W-2 doesn't match the government's database.

Employers who don't comply could face fines of $250 to $10,000 per illegal worker and incident.

"There's a lot of fear and anxiety about what this rule is going to mean, particularly in the agricultural sector," said Craig Regelbrugge, spokesman for the American Nursery and Landscape Association and co-chairman of the Agriculture Coalition for Immigration Reform.

For years, the Social Security Administration has sent "no match" letters to workers and their employers notifying them of the information discrepancies, to make sure money withheld from a person's paycheck is credited to the correct worker. The letters are not shared with other government agencies because of privacy laws.

Although employers are prohibited from hiring illegal workers, their responsibilities with the letters have generally ended with notifying the workers of the discrepancies and leaving it to them to deal with it.

Attorneys have warned many employers to be careful not to fire a worker because they got a letter, because the no-match could be the result of a typo in a name or number, a computer error, a name change that wasn't reported after marriage or other reasons.

But those who don't comply with the new rule could be deemed as knowingly hiring an illegal worker.

The Department of Homeland Security says the new rule provides guidance to employers on how to deal with workers who receive no-match letters and what to do _ fire them _ if the issue is not resolved in 60 days and they can't verify their workers are legal. It gives employers who comply immunity from penalties if illegal workers are found at their business in an investigation or raid, said Russ Knocke, Homeland Security department spokesman.

U.S. Immigration and Customs Enforcement, a division of the Homeland Security Department, "is going to be tough and aggressive in the enforcement of the law," Knocke said. "You are going to see more work site cases. And no more excuses."

The administration trotted out the stepped-up enforcement plan last summer but put it on hold while the Senate debated an immigration reform bill.

That bill would have granted a chance at legal status for the estimated 11 million to 12 million illegal immigrants in the country and created a temporary worker program. It also would have required employers to verify the status of all their workers.

After the bill collapsed in Congress, employers started bracing for the tougher rule.

"Congress didn't act. They didn't do what they needed to do on comprehensive immigration reform. Now there's going to be some pain to pay, and Congress is not going to feel the pain right away, it's the communities (of employees), and that's a real shame," said Laura Reiff, co-chairwoman of the Essential Workers Immigration Coalition, a national group of business and trade associations.

For Mark Chamblee, the stricter rule could mean losing some of his 28 workers at his nursery in Tyler, Texas.

Chamblee suspects a few of his workers could have trouble with their Social Security numbers and said he will fire them if the problems aren't resolved.

"Of course, it would add to the workload for the other workers," he said. "It would reduce our production and our output. Not all of our demand would be met on our products. Operating costs would go up."

Ray Atkinson, a spokesman for Pilgrim's Pride Corp., confirmed that the country's largest chicken processing company recently fired employees at two Texas plants.

The company's policy "for some time now" has been to terminate employees who can't clear up discrepancies, Atkinson said.

"We're all very cautious and we're all very nervous," Chamblee said.

___

On the Net:

Social Security Administration: http://www.ssa.gov

Department of Homeland Security: http://www.dhs.gov

Edited August 3, 2007 by WifeOHunkyJohn

[mawilson 2,133]

I'm glad to hear that they are finally implementing my plan.

[Mary Lou 681]

Just last week where Gary works, a worker was called into the office and fired for having a fake SS#.

[mawilson 2,133]

Just last week where Gary works, a worker was called into the office and fired for having a fake SS#.

It's actually illegal, as of right now. He should sue the employer while he still can.

[Hilarious Clinton 452]

I'm glad to hear that they are finally implementing my plan.

me too

[Heracles 417]

Yeah poor employers having to play by the rules rather than profiteering through the exploitation of illegal immigrants, at the expense of Americans.

[Dr_LHA 3]

Finally a move that makes sense: Enforcing the current laws rather than drafting new ones.

[Caladan 19]

Indeed. I hope there's a way for the employers to verify someone's ID, though, because it would suck if they pre-emptively fired someone who was here legally because Social Security made a typo. Or if it turned into 'I better fire this guy because he looks Latino and there was a problem with his card.'

I'm glad they're implementing it, but it'll be interesting to see how it plays out practically.

[Mary Lou 681]

Just last week where Gary works, a worker was called into the office and fired for having a fake SS#.

It's actually illegal, as of right now. He should sue the employer while he still can.

Well is it still illegal even though he's illegal and using a fake SS?

[mawilson 2,133]

Just last week where Gary works, a worker was called into the office and fired for having a fake SS#.

It's actually illegal, as of right now. He should sue the employer while he still can.

Well is it still illegal even though he's illegal and using a fake SS?

I wouldn't be surprised if it's still illegal.

[Sinergy 3]

Just last week where Gary works, a worker was called into the office and fired for having a fake SS#.

It's actually illegal, as of right now. He should sue the employer while he still can.

Well is it still illegal even though he's illegal and using a fake SS?

I wouldn't be surprised if it's still illegal.

But by providing a false SSN on the application is conciderred lieing and lieing on an app can cost you the job and can also get you fired. its on alot of apps that if any info is false and is found before or after hiring can result in extermination.

[mawilson 2,133]

But by providing a false SSN on the application is conciderred lieing and lieing on an app can cost you the job and can also get you fired. its on alot of apps that if any info is false and is found before or after hiring can result in extermination.

Employers have specific instructions NOT to fire employees when they receive a no-match letter from the SSA.

Here they are:

1. Don’t panic. SSA is not charged with enforcing either federal tax laws or immigration laws. SSA’s
   goal in sending the letter is to update its massive database. SSA does not track the results of its no-match
   letter campaigns, and there are no reported instances of the agency “turning someone in” to either the IRS
   or to ICE where there are discrepancies. In fact, SSA has no enforcement authority, and simply sends this
   educational correspondence through the employer for the benefit of employees.
   
2. DO NOT fire, suspend, intimidate, or threaten any employee whose name is on the no-match
   list with termination or any other adverse action. If you do, you may be violating federal and state laws
   prohibiting discrimination. The SSA letter itself states, “This letter does not imply that you or your employee
   intentionally provided incorrect information about the employee’s name or SSN. It is not a basis, in and of
   itself, for you to take any adverse action against the employee. Any employer that uses the information in
   this letter as a pretext for taking adverse action against an employee may violate state or federal law . . .”
   
3. DO NOT ask employees on the no-match list to bring in their Social Security card or other
   immigration-related documents. Immigration law requires employers to check new hires to ensure that
   they have work authorization, and to fill out an INS Form I-9. Employees may show employers any
   document listed on the INS I-9 form to comply with this requirement. Once this is done, employers are not
   permitted to re-check an employee’s immigration documents, as this can constitute unlawful discrimination.
   
4. DO NOT assume that workers on the no-match list are undocumented or have provided
   false information. There are many reasons why the employee’s name or number might not match the
   SSA database records. The SSA itself states in its no-match letter that the reasons include typographical
   errors, incomplete or blank names or SSN’s, or name changes. You are not considered “on notice” that
   any of your employees are undocumented if you receive a no-match letter because immigration laws only
   prohibit employers from knowingly hiring undocumented workers.
   
5. DO NOT use SSA no-match letters to retaliate against employees who are exercising their
   rights to organize a union or allege labor and employment law violations. If you do so, you may be
   subjecting yourself to liability under federal and state laws prohibiting employer retaliation and unfair labor
   practices.
   
6. Post a general notice to all employees stating that in order to ensure that the Social Security
   taxes that are withdrawn from their wages are properly credited to their Social Security records they should
   compare the name and Social Security number that appears on their check stubs with that on their Social
   Security cards to ensure that there are no errors.
   
7. Instruct employees to deal directly with SSA to make any necessary corrections. Employees
   do not need to make corrections through the employer. The SSA can be contacted by telephone at: 1-800-
   772-1213.
   
8. Check your reports to the SSA to make sure there were no errors on your end. Sometimes
   employer wage reports have typographical mistakes. Reviewing the information provided to you on
   employee W-4 Forms is a quick way to check for these errors. Inform SSA of any discrepancies you may
   have inadvertently caused.
   
9. Suggest to your employees that they seek assistance from a trusted community organization if
   they need it. Or, better yet, have advocates knowledgeable about no-match letters and immigrants’ rights
   come provide a “know-your-rights” session for your employees to alleviate their concerns..
   
10. Promptly report any errors to SSA that you or your employees find to ensure that the personal
    earnings records of your employees are accurately reported and credited. Some no-match letters give
    employers and employees 60 days to respond, but SSA has no authority to enforce this deadline.
    

[Sinergy 3]

But by providing a false SSN on the application is conciderred lieing and lieing on an app can cost you the job and can also get you fired. its on alot of apps that if any info is false and is found before or after hiring can result in extermination.

Employers have specific instructions NOT to fire employees when they receive a no-match letter from the SSA.

Here they are:

1. Don’t panic. SSA is not charged with enforcing either federal tax laws or immigration laws. SSA’s
   goal in sending the letter is to update its massive database. SSA does not track the results of its no-match
   letter campaigns, and there are no reported instances of the agency “turning someone in” to either the IRS
   or to ICE where there are discrepancies. In fact, SSA has no enforcement authority, and simply sends this
   educational correspondence through the employer for the benefit of employees.
   
2. DO NOT fire, suspend, intimidate, or threaten any employee whose name is on the no-match
   list with termination or any other adverse action. If you do, you may be violating federal and state laws
   prohibiting discrimination. The SSA letter itself states, “This letter does not imply that you or your employee
   intentionally provided incorrect information about the employee’s name or SSN. It is not a basis, in and of
   itself, for you to take any adverse action against the employee. Any employer that uses the information in
   this letter as a pretext for taking adverse action against an employee may violate state or federal law . . .”
   
3. DO NOT ask employees on the no-match list to bring in their Social Security card or other
   immigration-related documents. Immigration law requires employers to check new hires to ensure that
   they have work authorization, and to fill out an INS Form I-9. Employees may show employers any
   document listed on the INS I-9 form to comply with this requirement. Once this is done, employers are not
   permitted to re-check an employee’s immigration documents, as this can constitute unlawful discrimination.
   
4. DO NOT assume that workers on the no-match list are undocumented or have provided
   false information. There are many reasons why the employee’s name or number might not match the
   SSA database records. The SSA itself states in its no-match letter that the reasons include typographical
   errors, incomplete or blank names or SSN’s, or name changes. You are not considered “on notice” that
   any of your employees are undocumented if you receive a no-match letter because immigration laws only
   prohibit employers from knowingly hiring undocumented workers.
   
5. DO NOT use SSA no-match letters to retaliate against employees who are exercising their
   rights to organize a union or allege labor and employment law violations. If you do so, you may be
   subjecting yourself to liability under federal and state laws prohibiting employer retaliation and unfair labor
   practices.
   
6. Post a general notice to all employees stating that in order to ensure that the Social Security
   taxes that are withdrawn from their wages are properly credited to their Social Security records they should
   compare the name and Social Security number that appears on their check stubs with that on their Social
   Security cards to ensure that there are no errors.
   
7. Instruct employees to deal directly with SSA to make any necessary corrections. Employees
   do not need to make corrections through the employer. The SSA can be contacted by telephone at: 1-800-
   772-1213.
   
8. Check your reports to the SSA to make sure there were no errors on your end. Sometimes
   employer wage reports have typographical mistakes. Reviewing the information provided to you on
   employee W-4 Forms is a quick way to check for these errors. Inform SSA of any discrepancies you may
   have inadvertently caused.
   
9. Suggest to your employees that they seek assistance from a trusted community organization if
   they need it. Or, better yet, have advocates knowledgeable about no-match letters and immigrants’ rights
   come provide a “know-your-rights” session for your employees to alleviate their concerns..
   
10. Promptly report any errors to SSA that you or your employees find to ensure that the personal
    earnings records of your employees are accurately reported and credited. Some no-match letters give
    employers and employees 60 days to respond, but SSA has no authority to enforce this deadline.
    

Then thanks for clearing that up for me