o rcan i just throw it out,
2007-06-20 22:43:31 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Why would you be asking an employee a question about social security? You are obligated to deduct his share from his wages and match it with company funds. He probably skipped the question because you have no legal right to ask it.
2007-06-20 23:07:50 · answer #1 · answered by lcmcpa 7 · 3⤊ 2⤋
I assume since you said application instead of resume it is not a job where you do background checks. If that was the case it would be a different story during the hiring process.
As others have said you can toss out applications SSN or not. But if you hire the person and they won't provide it you can just tell them to take a hike.
Bear in mind though a lot of people have gotten smart about this nowdays. An application has an address, phone numbers, job history and all of that. Add in a social security number and anybody would have a complete do-it-yourself identity theft kit.
2007-06-21 14:00:18 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
You can toss his application even with the ssn on it. There is no provision in law which requires to to keep an application for any reason.
The only situation where tossing an application (s) may cause problems is if it can be shown that you ONLY toss applications from women, minorities, people over the age of 40 or other protected status applicants.
In your present situation, just because the SSN was not provided doesn't mean you cannot ask for it before making a decision to hire. In fact, many such applications have a clause that the SSN is REQUIRED before a background check (pre-employment) screening is undertaken and withholding such information is grounds to have the application denied.
2007-06-21 08:59:42 · answer #3 · answered by hexeliebe 6 · 0⤊ 0⤋
If your the employer you are responsible to pay taxes and unemployement if an employee lasts for 3 months or better. You are required by law to report that employer and identify him by ss# or green card. For your own protection, no number, no job. If you really like the person you can hire him with ss# application pending...proof he has filed for a ss#..so yup. Throw it out...
2007-06-21 13:49:52 · answer #4 · answered by Motherchi 2 · 0⤊ 0⤋
Neither he nor you have a duty to provide the I-9 info until he's hired. He may just be intelligent enough to withhold his SS# until you have a need for it. If you do not understand that the SS# can be used for identity theft and that intelligent people do not disclose the number unnecessarily, maybe you need this fellow on your team to pump up the risk-awareness of your organization.
2007-06-21 06:36:29 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It wouldn't be fair to him or, anyone to "just throw it out" making me wonder that maybe years ago, I had someone like you take my app. And, never hearing from Them again.
Are you sure this person didn't answer the question intentionally? or, maybe is an illegal?
I would at least ask this person why they skipped the question. Be fair.
2007-06-21 05:54:53 · answer #6 · answered by cowboydoc 7 · 1⤊ 1⤋
Throw it out.
2007-06-21 05:52:16 · answer #7 · answered by rustybones 6 · 0⤊ 2⤋
You can throw it out.
2007-06-21 06:06:24 · answer #8 · answered by TheOrange Evil 7 · 0⤊ 1⤋