Employment verification sample memorandums

October 14th, 2019

Daniel Marks, David A. Selden, Demetra Makris, Heidi Nunn-Gilman, Julie A. Pace

Gammage & Burnham


Memorandum for managers

Memorandum for Managers

The Company is committed to obeying the law. The Company will only hire workers who are authorized to work in the United States. It will not knowingly hire an undocumented or unauthorized worker. Additionally, it will not discriminate because of someone’s race, color, or national origin. It will not discriminate because of a person’s name, the language a person speaks, or because a person speaks with an accent.

Supervisors and managers are responsible for helping the Company obey the law and need to comply with the following: 

  • Never say that there are undocumented workers or “illegal aliens” working at the Company. If you know for sure that an individual is not authorized to work in the US you must report this information immediately to the President, General Manager, or Controller. The company will investigate the report in the same way it investigates all personnel and employment decisions and take the proper action.
  • Never assume that someone is not authorized to work in the United States merely because the person has a Spanish surname or does not speak English. DO NOT make off-hand or casual comments regarding whether someone is an undocumented worker or “illegal alien.” Such remarks can be construed as national origin discrimination.
  • Do not give rides to people you know are not legally working in the US. 
  • Do not provide housing or lodging for people you know are not legally working in the US.
  • Do not help get documents or identification for people who are not authorized to work or assist them in getting hired.
  • Do not contact people in other countries to “place orders” for workers. 
  • Do treat everyone respectfully and professionally. 
  • Do use respectful words. When speaking of someone that is not authorized to work in the United States, use the terms “unauthorized worker” or “undocumented worker.”
  • Do not use the terms mojado, wetback, illegal, or illegal alien. 
  • Do remind supervisors not to talk casually about whether workers are unauthorized. You should never talk about whether someone is an undocumented worker or “illegal alien” unless you really know that they are unauthorized.

Violations of this policy can lead to discipline up to and including termination.

Memorandum to customers regarding the company's immigration and I-9 compliance

Memorandum to Customers Regarding the Company's Immigration and I-9 Compliance

In compliance with the Immigration Reform and Control Act of 1986 (IRCA), each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form (Form I-9) and present documentation establishing identity and employment eligibility. The federal government currently provides a list of documents that employees may choose from to show the company at the time that company completes Section 2 of the Form I-9. Under IRCA, an employer is prohibited from asking for more or different documents than the employee provides when completing Section 2 of the Form I-9, and the Company is also prohibited from refusing to accept the documents presented as long as the documents presented on their face reasonably appear to be genuine. Thank you for your interest. We are pleased to have the opportunity to provide you information about the Company and its hiring practices. The Company has established and enforces an immigration compliance policy. We are committed to employing only those individuals who are authorized to work in the United States. The company will not knowingly hire or continue to employ an unauthorized worker. At the same time, in compliance with federal and state law, the company does not unlawfully discriminate on the basis of citizenship or national origin. 

In addition to implementing and enforcing our immigration compliance policy, we train our employees on I-9 and immigration compliance. We also conduct anti-harassment and anti-discrimination training for our employees. We go a step beyond what is required by IRCA (while staying within the limits of the anti-discrimination provisions of IRCA) and require our newly hired employees to complete an IRS Form W-9 on which the employee affirms that the Social Security number that the employee provided is correct.

If you have specific information regarding a Company employee, please provide it to the Company in writing so that the Company can investigate and take appropriate action. The Company cannot act on vague reports based on appearance, ethnicity, or language skills because to do so could be discriminatory. In order to conduct an investigation and take appropriate action without violating anti-discrimination laws, the Company needs the complaint or concern in writing.

Please provide your concerns or any information that you have to the company in writing.

Include the name of the employee, the employee’s worksite, and any information you have that makes you believe that the employee is not authorized to work in the United States. Please also include your name, address, and phone number. Thank you for your cooperation.

Memorandum regarding Social Security Administration no match letters

Memorandum Regarding Social Security Administration No Match Letters

This letter can be used as part of the employer’s internal policies and procedures a company could use when the company receives a no-match letter from the SSA.  This is one option that a company could choose to implement.  This letter and the procedures discussed do not provide a safe harbor guaranteed to protect companies against liability.

 

Dear Employee:

The Company has been informed by the Social Security Administration that your Social Security number on file with the Company may be in error. Please verify the Social Security number on file in the Payroll Department to ensure that your Social Security earnings are properly allocated by the Social Security Administration. Please let the Payroll Department know whether the Social Security number you have been using at the Company is correct. An employee may be subject to a $50 penalty imposed by the Internal Revenue Service if the employee fails to furnish the correct Social Security number to the employer.

Please take appropriate steps with the Social Security Administration or Department of Economic Security to correct any previous mistakes or misallocations regarding Social Security earnings. You can contact the Social Security Administration by visiting a local Social Security Administration office, visiting its website at www.ssa.gov, or calling 1-800-772-1213.  It is your responsibility to correct any previous mistakes.

In addition, we need all employees to complete a W-9 and W-4 Form. The attached W-9 Form requires that you list your Social Security number and sign the document verifying that you are using the correct Social Security number. The W-4 Form is an employee’s withholding allowance certificate that determines how much federal withholding taxes will be deducted from an employee’s paycheck. These documents will be placed in your personnel file. Please complete the attached W-9 and W-4 forms and submit it to the ePayroll Department by your next payday. If you do not provide the enclosed forms, the company is required to withhold taxes from your wages as if you were single and have zero exemptions. Thank you for your cooperation.