Thread: Employer Ordered To Reinstate Employees

Originally Posted by mbrown

Three days to correct a SSN problem is unrealistic..

"employees failed to indicate that they were beginning the process of correcting the SSN mismatch."

It sounds like had they even showed the slightest interest in trying to fix the problem the first court may have ruled differently, it was the fact that they never even started the process that the court saw as compelling......now wonder why they wouldn't want to get on top of that right away....hmmm....

OK, maybe my perspective on this is a bit different since I have worked for government and have been an employer. So, this is how I would have handled it:
A letter to the employee stating l). SSA has informed us there is a problem with your SSN. 2). It is Federal requirement that all employees
be authorized to work. 3). Within 30 days of the date of this letter you must provide documentation that you have contacted SSA and are doing what you can to resolve the issue, or documentation that you have resolved the problem. 4). If this information is not provided with the 30 days, you will face termination from employment. I would hand deliver this letter, have the employee sign for it and state they understand what they need to do, and have them date it.
I have been a reasonable employer. Now, one of 2 things will happen: The information will be provided or they will not show up for work.

And if they need to provide SSA with more information, they will get another 30 day letter.

I will have covered my rear with ICE, SSA, and myself as am employer.
Just again my humble opionion.

ICE should arrest those illegal aliens and deport them. when will the no-match letter with the immigration warning be sent . Is San Fran court still holding this up since Oct. 2007? The warning was revised but thes ever get sent to employers?

There's a simple solution for all this legal confusion. Just enact a law that makes employing illegals a FELONY, and employers will think twice before hiring someone without a valid government ID.

Using E-Verify seems to be acceptable to the 9th circuit so I guess that would be the safest way to satisfy the court.

So does Aramark have to pay all those back wages ? Does not seem fair since the employees are most likely IA's and Aramark did tell them they could have their jobs back once they cleared up their SS# which they obviously cannot do.

They should have given the employees more time to clear up their records,3 days is a short time when you are dealing with Social Security.

I think the solution is to give them back pay IF they can prove they are legal and have cleared up their records.The IA's can go home with their hat in hand.