Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 60 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
Dustin J. O’Quinn
After nearly a four-year hiatus, in April 2011, the Social Security Administration (SSA) began mai
ling no-match letters to employers. There are many reasons for the SSA to generate a no-match letter: input errors by the SSA, reporting errors by an employer or employee, identity theft, errors in hyphenated or multiple last names, or an unreported name change.
Taking immediate adverse action against the affected employee could give rise to a cause of action under one of several antidiscrimination or immigration-related statutes. However, taking no action in response to the receipt of a no-match letter also presents risks. As the Immigration and Customs Enforcement agency (ICE) continues on its path to conducting more frequent Form I-9 audits across the country, failure to provide evidence of how an employer responded to receipt of a no-match letter could increase the likelihood of ICE bringing an enforcement action, either civil or criminal, against the employer. Steps employers should take when in receipt of a no-match letter follow.
1. Notify the affected employee of the no-match letter in writing.
2. Review the Form W-4, Form I-9, Social Security number verification system (SSNVS) record, and any other documents currently in the employer’s possession that may contain the employee’s SSN to ensure that the employee’s name and SSN are correctly shown on the documents.
3. If an error is discovered that was submitted to the SSA in the wage report, advise the SSA of any corrections.
4. If, however, the records reflect the name and SSN provided by the employee:
4a. Notify the employee that he or she should immediately contact the SSA to correct any problems with the employee’s SSA record. Give the employee a reasonable period of time to correct the issue.
4b. Regularly follow up with the employee to monitor progress in correcting any errors with the SSA record. Document all such follow-up efforts.
4.c Advise the affected employee that a refusal to provide any documentation or credible explanation of good-faith efforts to correct any problems with his or her SSN or SSA record by the deadline could be grounds for termination.
Although guidance from the SSA requires that employers provide employees with a “reasonable period of time” to resolve issues related to a no-match letter, currently there is no definition as to what constitutes a reasonable period of time. Providing employees with at least 120 days to correct the issue before taking any adverse action, would be a conservative time period.
4d. When and if the employee is able to provide a correct SSN, advise the SSA of any corrections.
In addition to refraining from taking immediate adverse action against the employee, employers should avoid the potentially actionable behavior below.
Employers may not be able to avoid the issuance of a no-match letter. However, it is important to have in place good record keeping practices and policies addressing a no-math letter when it arrives.
At www.ssa.gov the SSA provides guidance on how to proceed after the issuance of a no-match letter and even provides a sample letter that employers may provide to employees.
The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.
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