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Can Justify Firing: No Matchy, No Worky
By Linda Jordan | Birther Report
I learned a few weeks ago that infamous liberal attorney Gloria Allred once argued, on behalf of client Nicky Diaz Santillan, the undocumented housemaid for former Republican gubernatorial candidate Meg Whitman, that if an employee gets a ‘No-Match’ or ‘Notice of Mismatch’ letter from the Social Security Administration (SSA) it most likely means that they are an undocumented worker and not eligible to work in the United States. I concur.
In other words they are an illegal alien or do not have a work visa.
As previously reported here, I came across a 2005 ruling that again confirms that a ‘No-Match’ letter raises, “legitimate concerns of INS violations and liability [for employers]…”.1
For those of you who may not know, employers are required by law to run an employee’s name and Social Security Number (SSN) through the government run program called E-Verify2 to see if their employee is eligible to work in the United States. The program is run in conjunction with the SSA and Homeland Security. A ‘No-Match’ response indicates discrepancies in the employees’ name and Social Security Number. What kind of discrepancy? They do not match. The SSN they are using does not go with the name they are using.
Sometimes a no-match is simply a clerical error. A misplaced letter or number. An easy thing for an employee to correct. But more often than not it means that the employee does not have a real SSN because they are not in this country legally.
The winning law firm on this 2005 case put out a Press Release on the Arbiter’s decision:3
“In September 2005 Morgan, Brown & Joy successfully defended its client’s decision to discipline employees who had been identified in a Social Security Administration (“SSA”) no-match letter.4
In UFCW, Local 91 v. Shaw’s Supermarkets, Inc., Case No. 1130 82 05, Shaw’s received a no-match letter from the SSA identifying 32 employees whose names and Social Security numbers did not match SSA records.”
The law firm goes on to give some background. Shaws advised the 32 employees of the ‘No-Match’ letter and asked them to correct the information with the company or the SSA. The employees were given 9 months to address the situation and failed to. So Shaw’s terminated their employment. The Union grieved the terminations and lost. The Arbitrator agreed with Shaws, that there were “legitimate concerns of INS violations and liability…”.
After all, it is illegal to hire employees who are in this country illegally and employers can face stiff fines for doing so.
Folks, ‘No-Match’ letters are not Valentines cards. They raise serious, legitimate concerns, red flags, which need to be resolved by an employee if they are in this country legally and if they want to continue to be employed.
On August 17, 2011, as one of Barack Obama’s employers, I ran his name, birth date and the Social Security Number he is using5 through the E-Verify program. It came back flagged with a Special Indicator Code for fraud. Obama failed E-Verify and received a ‘Notice of Mismatch’ letter just like Nicky Diaz Santillan, the undocumented housemaid for former Republican gubernatorial candidate Meg Whitman and the 32 employees at Shaw’s Supermarkets.
As required by law I notified Obama that he had failed the E-Verify check and asked him to resolve this no-match situation by correcting any discrepancies between his name, birthdate and SSN with me or the Social Security Administration.6
That was over two years ago and Obama has failed to correct the information. A failure to pass E-Verify resulting in a ‘No-Match’ letter raises legitimate concerns that the employee in question is in this country illegally.
Refusing to provide the correct information pretty much confirms that the employee is an illegal alien.
For failing to correct the discrepancies E-Verify found in the Social Security Administration’s numident file, concerning the SSN 7 he is using, Barack Obama should be fired just like Santillan and the 32 employees at Shaw’s Supermarkets.
For using fake ID to get on the ballot and in to the White House, Barack Obama should be tried for treason.
UFCW, Local 91 v. Shaw’s Supermarkets, Inc., Case No. 1130 82 05
Morgan, Brown and Joy, LLP Press Release October 1, 2005
Otherwise known as a ‘Notice of Mismatch’.
SSN O42-68-4425 used by Barack Obama on his 2010 tax return.
September 24, 2011 letter to Barack Obama from Linda Jordan
A SSN that was issued to someone with a Connecticut address in March 1977 when Obama was a fifteen year old living in Hawaii.