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1. FEATURE STORY:
ICE PROVIDES SAFE HARBOR
FOR SSN "NO-MATCH" LETTER

Employers looking for clear guidance on how to respond to a "no-match" letter from the Social Security Administration (SSA) now have it. The Department of Homeland Security's (DHS) U.S. Immigration and Customs Enforcement (ICE) published final regulations in the August 15 Federal Register that describe the legal obligations of employers that receive: 1) written notice from the SSA that an employee's name and Social Security number (SSN) do not match agency records (Employer Correction Request, aka no-match letter); or 2) written notice from the DHS that an employee's employment verification forms used for completing Form I-9 do not match agency records (Notice of Suspect Documents). The regulations are effective September 14.

The final rule does not impose on employers any new responsibilities that don't already exist under current law; rather, it provides a clear method for employers to "exercise reasonable care" in addressing SSA no-match letters. Note: Although the DHS issued these regulations, it does not provide guidance on what is a reasonable response to a DHS notice beyond contacting the agency within 30 days of receipt. Until further guidance is issued, follow the instructions in the notice, if any.

Within 30 calendar days of receipt of a no-match letter, check your records to determine whether the discrepancy results from a typographical, transcription, or similar clerical error in your records, or in your communication to the SSA or DHS. If there is such an error, correct your records; inform the relevant agencies; verify that the name and number, as corrected, match agency records — in other words, verify with the relevant agency that the information in your files matches the agency's records; and make a record of the manner, date, and time of the verification.

If the discrepancy is not resolved, promptly request that the employee confirm that your records are correct. If they are correct according to the employee, ask him/her to pursue the matter personally with the relevant agency.

If the employee says that your records are not correct, you have 90 calendar days (from receipt of the no-match letter) to take the actions necessary to correct them; inform the relevant agencies (in accordance with the letter's instructions, if any); and verify the corrected records with the relevant agency.

If the employee says that your records are correct, he/she has 90 days to rectify the error. He/she may visit a local SSA office, bring in documents or certified copies required by the SSA (e.g., documents that prove age, identity, or citizenship or alien status), or mail these documents or certified copies to the SSA, if permitted by the SSA.

If, after taking those steps and the discrepancy is still not resolved, complete a new I-9 form as if the employee were newly hired. You must do this within 93 days of receipt of the no-match letter. That is, the full 90 days to resolve the discrepancy as provided by the final regs, plus an additional three days to complete the new I-9 form.

Tip: Document telephone conversations and retain all SSA or DHS correspondence, computer-generated printouts, e-mails, screen shots, etc., as evidence of your good-faith effort to resolve a discrepancy.

Worried about being held liable for employing an unauthorized worker during the safe-harbor procedure? You may continue to employ the worker until all of the steps of the safe-harbor procedure are completed unless you have actual knowledge that he/she is illegal. Then, you may not continue to employ him/her.

To ensure that you follow the correct steps for completing I-9 forms, take advantage of the tips and tools provided in AHI's Complete I-9 Compliance Kit, which has been updated with the DHS's no-match regulations and legislation passed by the states, which may be more stringent than federal employment verification rules.

2. CATHIE'S CORNER:
When Managers Don't Manage

A project manager walked into my office and declared: "You've got to do something about Rebecca." He proceeded to describe for me a list of Rebecca's failings, from tardiness to shoddy work.

I've got to do something about Rebecca?

Mitch had never been taught how to manage people. He'd been thrown into supervision primarily out of seniority and the skills he brought to the team, and not necessarily for his "people skills." He and I sat down right there and then, and I explained to him that he, not I, was responsible for managing Rebecca's work. I also gave him some tips on how to deal with her and offered to be present when he talked with her. He declined the offer, but reported back later that all had gone well and that Rebecca now understood what was expected of her. I was able to independently verify that Rebecca's attendance improved (alas, her attitude did not), and Mitch reported that her work was less slip-shod.

Mitch was fine once he understood his responsibilities. But there are some managers who simply don't want to bother; rather than manage their people, they attempt to push the responsibility off onto HR. (HR is so often used as the boogeyman to keep employees in line, it's no wonder we have such a bad rep in some circles!) While managers need to be responsible for managing their employees, you can take part in managing the managers to help them to become more effective in their role.

The first thing you need to do is sit them down and make sure they understand that they are responsible for managing their employees — not HR, not anyone else. If they're not used to it, offer advice on how they should handle the situation. For example, if they have difficulty providing negative feedback, have them practice on you, with you taking the role of the employee. Offer to be present at meetings with employees initially, to help keep things on track. Advise them to follow up with the employees after the meeting. You, then, should follow up with the managers.

You may also want to look into formal training. One place I worked instituted a rule — if you supervised, you attended a week-long training class. It didn't matter if you were a brand-new supervisor with only one direct report, or for the last 20 years you had an entire division reporting to you; if you supervised, you took the class. This might not be cost-effective for your company, so you can also look into one-day seminars and supervisory newsletters that provide tips on how to manage.

If all of that doesn't work, tie employees' performance to their managers. When it comes time for a manager's review and raise, they need to be held responsible for their employees' shortcomings. Make sure managers are informed of these potential consequences ahead of time.

Catherine Bannon is the President of HR by Request, Inc., in Marshfield, MA (catherine.bannon@gmail.com). Bannon worked for 10 years in HR management before starting her consulting firm.

OFF-DUTY EMPLOYEE INJURED AT WORK HAS EYE ON WORKERS' COMP

Allowing employees to come to work on their day off and use work equipment for personal reasons might be your way of doing them a favor. It's all fun and games…until someone...View the full story on our website.

Kick back, relax, and take a few minutes to check out the HR Soapbox, "How Embarrassing!," in which an editor talks about common embarrassing moments at work and how to save face when they happen.