Second IDENTITY OK ??

[fappib]

The company I work for does little check when hiring as they hire a lot of mexicans.There is one employee currently working under her second identity.The company was notified that the social security # this individual was working under for the past year and a half belongs to someone who was in another country.The boss encouraged this individual to get a new social in another name and come back to work which she did in a couple of days.She now carries a license in the first name from Michigan and is working under this new name.Of course she claims lots of dependents so as to not pay much tax out of her pay.I find this unfair especially because me being legal has to watch every step not to put my job in jeopardy as I get paid well,but a mexican making $10.00 an hour id catered to due to being cheap labor.
What can the ramifications be for this GM/OWNER encouraging this,allowing it and contributing to it ? Should he be reported and if so,to whom.

 

[cbg]

None, really. The employer is not allowed to fire her based on her nationality. What an employer is required to do is have the employee show certain documents that display the employee's right to work in this country. If the documents appear to be genuine, the employer is pretty much required to accept them.

Occasionally an employer will have it brought to their attention that an SSN does not match. Quite often this can be as simple as the card and the employment paperwok not having exactly the same name on it: for example, maybe the SSA has the individual using that number as being named Robert and the employer has his name as Bob. My husband goes by his middle name so his SSN says his name is James whereas everyone calls him (and he calls himself, and he is known nationally in his field as) Brad.

If investigation shows that the discrepancy is more than that, the employer may (and in fact might even be required to - I can't recall the exact requirement - presutin may know) make the employee aware of the discrepancy and ask him or her to provide valid ID. I want to say they have 90 days to do this. If the employee cannot then provide valid ID, the employer will pretty much have to let them go. But if the employee comes back with ID that appears to be genuine, once again the employer pretty much has no choice but to accept it.

An employer could possibly make a case for firing the employee on the basis that they falsified their application, but unless all other employees who had anything wrong in their application were also fired, it would walk a little to close to the line of national origin discrimination (which is illegal under Federal law as well as the law of most states) for the employer to risk.

 

[fappib]

Hi cbg. Thank you for your reply..The thing here is the employer knows this person is NOT legal and encouraged her to come up with again another name and identity.The name and idenity this person is using is not theirs.I assumed if this person used someone else's name and social the first time they were hired how can an employer knowingly hire this same person under another false identity and this be OK..Can an employer encourage one to use false documents.

 

[cbg]

Why do I get the feeling that you wouldn't be asking this question if your employer hadn't required you to take medical leave, but since he did you are looking for some leverage or alternately, some way to get him in trouble?

You are free to report him to the USCIS or whatever they're calling themselves these days, but don't expect it to be a high priority for them. Even if they decide to investigate (which is by no means a certainty - they have a lot on their plate these days) if the documents she provided look as if they could be genuine, he's unlikely to get more than a slap on the wrist. If that. I doubt they'll put much effort into trying to prove prior knowledge unless it's pretty blatant.