The Social Security Administration (SSA) recently announced that it would be resuming the process of issuing Employer Correction Request Notices (commonly known as “no-match letters”) to employers.

The SSA originally implemented the issuance of no-match letters in 1993; however, the Obama Administration ceased sending these letters in 2012.  Per the SSA, these no-match letters are being sent to employers identified as having at least one employee name and Social Security Number (SSN) combination submitted on Form W-2 that does not match the SSA’s records.

The purpose of the letter, according to the SSA, is to advise employers that corrections are needed in order for the SSA to properly post employee earnings to the correct record. The SSA provides various online resources, including sample notices and step-by-step instructions regarding the appropriate steps to take upon receipt of a no-match letter. 

The SSA specifically states that adverse action should not be taken against employees if a no-match letter is received. In its no-match notice to employers, the SSA states: “You should not use this letter to take any adverse action against an employee, such as laying off, suspending, firing, or discriminating against that individual, just because his or her SSN or name does not match our records.

Any of those actions could, in fact, violate State or Federal law and subject you to legal consequences.” Upon receipt of one of these SSA letters, employers should carefully review the SSA instructions and consult with counsel.