Are you allowed as an employer to give out your employees SS# to an Gov. agency u work with.?

Question

Our company works with different Goverment agency and at times they require us to provide them with our driver and helper's SS# for clearance to enter their premises. We ask our employee for permission to give this info, however our driver told us that he do not wish to supply this info to anyone because of fear of identity theft. My question as the employer is can I terminate this employee and can he file a suit with the Dept Of Labor and win.

Answer 1

The driver is correct. Actually, years ago when the Federal Government began issuing SSN's, they advised that it is illegal for ANYONE other than a Federal Agency to ask for your Social Security number. Therefore, employers are engaging in illegal activity just by asking for a SSN on a work application. There are ways to provide a SSN for tax purposes, other than providing it to your employer. We could be provided with an employee number that would be provided to IRS, which we could then call in and confirm our SSN to the IRS Rep. But, I don't know of any employers who do this. The so called "new law" that states that it is illegal for business, etc to ask for your SSN, is not a new law. It has always been the law. But, creditors still ask for it when you apply for new credit, employers ask for it, hospitals and doctors ask for it, everyone wants your SSN. But, you DO NOT have to give it. If you are required to provide it to anyone who is not a Federal Agent (for certain purposes which must be stated), then your rights have been violated.

gerrygollw uses the word "mandatory." But, there can be a fine line between a company's policy of what mandatory is vs. what is legal and whether or not the common person knows his rights.

Some interesting Websites below:

Answer 2

How can I protect my Social Security number?
You should treat your Social Security number as confidential information and avoid giving it out unnecessarily. You should keep your Social Security card in a safe place with your other important papers. Do not carry it with you unless you need to show it to an employer or service provider.

We do several things to protect your number from misuse. For example, we require and carefully inspect proof of identity from people who apply to replace lost or stolen Social Security cards, or for corrected cards. One reason we do this is to prevent people from fraudulently obtaining Social Security numbers to establish false identities. We maintain the privacy of Social Security records unless:

The law requires us to disclose information to another government agency; or
Your information is needed to conduct Social Security or other government health or welfare program business.
You should be very careful about sharing your number and card to protect against misuse of your number. Giving your number is voluntary even when you are asked for the number directly. If requested, you should ask:

Why your number is needed;
How your number will be used;
What happens if you refuse; and
What law requires you to give your number.
The answers to these questions can help you decide if you want to give your Social Security number. The decision is yours

Answer 3

Man thats a question that doesn't need to be asked here.
That needs a lawyers attention.

Answer 4

You shouldn't terminate him, but, he won't be able to work on those jobs...
and, is he worried about id theft, or was your background check of him absolutely spotless?