Lawyers said an employer's obligation upon receiving a no-match letter from the Social Security Administration is to check their own records for typographical or other errors, inform the employee that the records do not match and tell the employee to correct them.
"There is no additional legal obligation for an employer to follow up or respond to SSA with new information," said Gening Liao, a labor and employment attorney at the National Immigration Law Center in Los Angeles, which defends immigrants.
The purpose of the letter is to ensure the employee's social security numbers match so that they aren't denied benefits later:
Nor was Diaz under any obligation to pursue the matter, Liao said. Correcting a mismatch is "primarily for the benefit of the employee," she said, to make sure they can collect all the benefits due them for their work.
...Not only is (accepting the documents) all the law required her to do, but there's a counterbalancing anti-discrimination law that keeps her from probing further or demanding different documents," said Crystal Williams, executive director of the American Immigration Lawyers Association in Washington
As for Whitman's obligations upon learning from her housekeeper that she was undocumented, those are clear: She must fire her. And that's what she did.
Whitman Greta: 1, Allred: 0
