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| They company that I use to do our Background checks does a SS verification and /or SS trace. If an employee clears on the criminal and references, but has an invalid social, can I not hire him based on that info? Or do I have to hire him because I can not legally check his social until he is hired? Thank you all.
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You already answered you own question. You must first hire the applicant then you check the SS#.
Kat
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WHAT TO DO IF A SSN FAILS TO VERIFY
Follow these steps for each SSN that failed verification:
Compare the failed SSN to your employment records to see if you made a typographical error. Resend only the corrected data (not the entire submission).
If your employment records match what you submitted, ask your employee to check his / her Social Security card and inform you of any name or SSN difference between your records and his / her card. If your employment records are incorrect, correct your records and resubmit the corrected data.
If your employment records and the name and SSN shown on the Social Security card match, ask the employee to check with any local Social Security Office to determine and resolve the issue. Tell the employee that once he / she has visited the Social Security Office, he / she should inform you of any changes. You should correct your records accordingly.
If the employee is unable to provide a valid SSN, you are encouraged to document your efforts to obtain the corrected information. (Documentation should be retained consistent with the payroll records for a period of three years.)
If the employee no longer works for you, try to obtain the corrected information from the employee and submit it to SSA on Form W-2c (Corrected Wage and Tax Statement).
If you are unable to contact the employee, you are encouraged to document your efforts.
If you have already sent a Form W-2 with an incorrect name / SSN, then submit a Form W-2c (Corrected Wage and Tax Statement) to correct the mismatch. W-2c services are available through BSO Wage Reporting. Since you already have your BSO PIN, there is no need to re-register.
Remember
A mismatch is not a basis, in and of itself, for you to take any adverse action against an employee, such as laying off, suspending, firing, or discriminating.
Company policy should be applied consistently to all workers.
Any employer that uses the failure of the information to match SSA records to take inappropriate adverse action against a worker may violate State or Federal law.
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