Have you received an “Employee Correction Request” (or No-Match) letter from Social Security Administration? If so, you are certainly not alone.
What Should You Do?
We have received many calls from customers asking for guidance on how to proceed upon receiving a “No-Match” letter. So, our short answer is: Call your attorney.
There are several Ag & labor organizations that have published memorandums on this matter and they vary in opinion.
For this reason, you should review these resources to become familiar with the issues and ramifications of all options. Then, discuss with your attorney what course of action to take.
Review Available Information
If you are a FELS member, you can access several articles published through their Subscriber’s Area. The latest issue, May 2019 has updated guidance.
Also, AgSafe recently provided information prepared in conjunction with counsel from Saqui Law Group/Dowling Aaron Inc. and CJ Lake, LLC. You can access this information here.
Thank you to Amy Wolfe for allowing us to share this information.
From the AgSafe email…
“This information… represents the most prudent course of action an employer may take at this time, that is protective of the rights of both employers and employees in this process. That being said, we highly recommend that prior to taking any action whatsoever, employers seek the guidance of counsel as to what is best in their individual situation.
As always, we are appreciative of the efforts of Rob Roy with the VCAA and for his willingness to share this information for the betterment of AgSafe members.
Disclaimer from the Ventura County Agricultural Association: This legal memo is intended solely for the members of VCAA and authorized users. It is intended as a guidance. It is not intended to be legal advice concerning the subject matter of the Memo. Members are advised to consult with experienced legal counsel on this subject matter before taking any action concerning the SSA’s No-Match” Letters.”
Verifying Your Records
Therefore, after discussing the available information with your attorney, you may decide 1. To begin a review of your employee information manually or 2. To verify employee information through the SSN Verification Service.
To manually review the employees reported on your W-2 file, go to Payroll > Year End Reports > Print YTD Archive Report. Print for year 2018. Then, review each Employee Name and SSN against the information provided on the employee’s I-9 form. Follow the instructions in the referenced article for completing your audit and correcting W-2 records.
SSN Verification Service:
Finally, if you chose to verify employees through the SSN Verification Service, Datatech software has an export file to automate this process. This option is located at Payroll > Employee Lists > S.S. Verification Report.
If you have any questions about generating this file, please email our support department at firstname.lastname@example.org.