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  1. #1
    Join Date
    Aug 2013
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    Default Can Your Employer Legally Demand a Copy of Your Social Security Card

    My question involves labor and employment law for the state of: Illinois

    My daughter, who is 15, applied to work at a local grocery chain. Her employer requires her to provide to them a copy of her Social Security card as a precondition of employment per their "corporate policy". She showed them her passport and put her SSN down on the I-9 and W-4, but they say it is not enough and refuse to employ her until she complies. Is this legal?

    Thanks.

  2. #2
    Join Date
    Jan 2006
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    38,727

    Default Re: Can Employer Legally Demand a Copy of the Ssn Card

    If she didn’t use it as a form of Id on the i9 I know of no reason they would need it

    but i don’t know of a law that prevents them from demanding it either.

    Is there some reason your daughter will not produce he ss card?

  3. #3
    Join Date
    Oct 2014
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    7,348

    Default Re: Can Employer Legally Demand a Copy of the Ssn Card

    Quote Quoting dan c
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    Her employer requires her to provide to them a copy of her Social Security card as a precondition of employment per their "corporate policy".
    It is legal, but no law requires that she produce the SSA card. The SSA addresses this with employers here: Do you really need to see the card? As the SSSA notes, the IRS does recommend to employers that they see the card to verify the SSN the employee provides to the employer because the IRS wants to be sure the SSN is accurate as that is extremely important for processing tax returns. But the IRS does not require that employers do it. My SSA card somehow got lost when I was a kid. I never replaced it. I have not been asked in well over 30 years to produce it by any employer. So it isn't necessary nor do all employers ask for it.

  4. #4
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Can Employer Legally Demand a Copy of the Ssn Card

    It is legal for them to request it.

    It is legal for them to make employment contingent on it.

    The law does not make it mandatory but the employer may.

    I think that sums it up.

  5. #5
    Join Date
    Feb 2008
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    1,130

    Default Re: Can Employer Legally Demand a Copy of the Ssn Card

    agree with cbg -- it's actually under payroll IRS tax law that allows it, not I-9 employment authorization laws.

    You'd be surprised how many people write it down wrong that causes a whole payroll headache/nightmare for employers to fix later.

    And here's the link to SSA regarding the issue: https://www.ssa.gov/employer/critical.htm "The Internal Revenue Service's Publication 15 (Circular E, Employer's Tax Guide) contains instructions for recording employees' names and SSNs. The tax guide states that after an employee is hired, you should ask to see his or her Social Security card. The employee may show the card if it is available. You may, but are not required to, photocopy the card."

    can you tell i've had to fight this battle before? LOL

  6. #6
    Join Date
    Sep 2010
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    19,147

    Default Re: Can Employer Legally Demand a Copy of the Ssn Card

    And why wouldn't you give it. The only information on it is your name and SSN which you have already provided them.

  7. #7
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    Default Re: Can Employer Legally Demand a Copy of the Ssn Card

    Quote Quoting hr for me
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    agree with cbg -- it's actually under payroll IRS tax law that allows it, not I-9 employment authorization laws.

    You'd be surprised how many people write it down wrong that causes a whole payroll headache/nightmare for employers to fix later.

    And here's the link to SSA regarding the issue: https://www.ssa.gov/employer/critical.htm "The Internal Revenue Service's Publication 15 (Circular E, Employer's Tax Guide) contains instructions for recording employees' names and SSNs. The tax guide states that after an employee is hired, you should ask to see his or her Social Security card. The employee may show the card if it is available. You may, but are not required to, photocopy the card."

    can you tell i've had to fight this battle before? LOL
    Actually it is under the I9 laws as well. If you use the social security card as your proof the employer is required to physically review it. Many people do not have a passport or the other documents listed in column a and the most common items on hand in the other list filters down to driver’s license and social security card.

  8. #8
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Can Employer Legally Demand a Copy of the Ssn Card

    The difference is that under the I-9 the employer may not specify which documents the employee is to show, but under the payroll tax laws he is specifically given permission to request to view the SS card.

    But it doesn't really matter. The bottom line is, it's legal to require it.

  9. #9
    Join Date
    Jan 2006
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    38,727

    Default Re: Can Employer Legally Demand a Copy of the Ssn Card

    Quote Quoting cbg
    View Post
    The difference is that under the I-9 the employer may not specify which documents the employee is to show, but under the payroll tax laws he is specifically given permission to request to view the SS card.

    But it doesn't really matter. The bottom line is, it's legal to require it.
    The employer cannot specify which documents are presented but if the ss card is used, it is the employers legal obligation to physically review it

  10. #10
    Join Date
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    Massachusetts
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    Default Re: Can Employer Legally Demand a Copy of the Ssn Card

    Not arguing that.

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