"No Match" Letters: Immigrants Lose Jobs

New York, NY —

Every year dozens of immigrant workers lose their jobs due to what are called no match letters sent by the Social Security Administration. Unions with a large immigrant membership say the number is likely in the hundreds when you account for those who simply disappear once they're faced with the problem. WNYC's Cindy Rodriguez reports:

Anita is cooking lunch before she heads off to work . Sunday afternoon is rest time. She works seven days a week either serving food at a college cafeteria or sewing curtains and clothing for two different businesses.



She speaks of home prices in suburban neighborhoods. Anita came to the United States on a visa but it expired several years ago. Her immigration status colors everything-so much so that she rather not use her last name. She would like to buy a house but cannot. She is Ecuadorian and came here to work and payoff her son's college education. Her biggest regret is missing his graduation:

Me da pena que ya a mi hijo ya no lo veo in cuatro anos, 5 anos .eso si es muy duro para mi (It's shameful that I haven't seen my son in 5 years, now that, that is really hard for me).



While she sometimes feels helpless, it is at work where she has managed to find a level of comfort. About 3 years ago her employer received a letter from the Social Security Administration asking the company to correct the Social Security numbers for Anita and 13 of her co- workers. The numbers failed to match government records. As a result all of them were fired from their cafeteria jobs. Many had been there for several years. Anita says everyone was too scared to ask for help from the union that represented them so she went alone:

Cuando yo me fui a la union la verdad es que yo no queria a dar ni mi nombre, yo no sabia decia a lo mejor la gente de aqui esta en contacto con immigracion y a lo mejor me va costar que me regresen. (When I went to the union, the truth is I didn't even want to tell them my name because I didn't know I thought what if these people are in contact with immigration.



Anita is a member of Local 100 which is part of the national Hotel and Restaurant Employees Union. The local represents her along with about 5 thousand other food industry workers in New York City, Westchester and Long Island. The union filed a grievance complaint on behalf of the 14 employees. Roslyn Wuchinich is the union organizer who dealt with the case. She says the company like many others took the letters to mean the workers were undocumented and needed to be let go:

The company's only obligation is to let the workers know. They have no obligation to fire people, they have no obligation to follow up and make sure that people are going to social security. They have an obligation to give that letter to the worker, let them know they received it and that's it.

Carolyn Cheezum is from the Social Security Administration:

There is no tie whatsoever between social security and immigration. The sole purpose of the letters is to improve employer wage reporting.

As of the year 2000 there was 374 billion dollars worth of earnings that were unaccounted for, that's about 3 percent of all reported wages. The letters are meant to match up these earnings with actual people. Typically, over 100 thousand letters are sent annually. Last year though nearly 10 times that number, went out. But, there was no improvement in the response from employers and so the mailings are going back to normal. Cheezum says a no match letter can be generated if an employer misspells a name or transposes a number.

As a matter of fact there's some language in the letters that's very clear to the fact that they are not stating that the person intentionally tried to provide any kind of false information and that the letters in and of themselves should not be used to take any adverse action against an individual.

Wuchinich says these were the same arguments the union made to Anita's employer, whom neither woman wants to identify. After about 5 months of negotiations with the company's national lawyers, Anita and her 13 colleagues were rehired and given backpay. All but 4 had already moved on to other jobs. Anita says the threat of a no match letter had always hung over her head no matter where she worked.

Pero cuando yo regrese de verdad perdi ese miedo, ahora la verdad es no tengo miedo de estar alli. (But when I returned to work, I lost that fear, now the truth is I'm not afraid to be there.)

Not only did the workers get their jobs back but the Union was also able to include language in the cafeteria workers contract which speaks to the no match Social Security letters.

Wuchinich explains:

Basically if there's any problem with a workers right to work in the United States, the company is required to contact the union first and negotiate with us. So they can't just do like what they did with Anita and fire people. They have to get in touch with us, let us know what's going on and we have to meet and discuss it.

HERE is not the only union to address the issue of no match letters. 32bj, a building service workers union also negotiated similar language in a contract for maintenance workers in Connecticut. Both unions represent a large share of immigrant workers. According to the Fiscal Policy Institute, a local think tank, immigrant workers make up about 65 to 70 percent of the food and restaurant industries. The number is about the same for building service workers.

While there are success stories, there are also many failures. And both unions agree while contract language is good, it dances around the bigger issue of legalization for undocumented workers:

For the past several weeks community activists and local union leaders have been gearing up for what's being billed as the Immigrant Worker's Freedom Ride . The concept, developed by HERE was organized by Labor leaders. During a recent rally, immigrants marching over the Brooklyn Bridge chanted for a wider use of translations.



But it is the Legalization of undocumented workers that is at the top of the agenda for the freedom riders . Over a thousand immigrant workers and their allies boarded buses in late September. They've been making their way to Flushing Meadow Park in Queens-the center of immigrant NYC where tomorrow-- a final rally will be held. Wuchinich says the fight for immigrant workers is the next civil rights movement:

You have immigrant workers being treated as essentially a second class of human being and that nobody should be treated that way. And that really resonates with everybody and people really know that's true.

Wuchinich says through organizing this event, unions have developed a strong relationship with immigrant community groups. And adds it's important to keep this alliance if the agenda is to succeed. Labor experts agree. They say the relationship must be nurtured, given that not too long ago, unions were accusing immigrant workers of stealing jobs and bringing down wages.

But they say if this alliance can be sustained, unions may see a dramatic increase in membership and people like Anita may find themselves re-uniting with their families and purchasing homes.

For WNYC: I'm Cindy Rodriguez

Example of a No Match Letter

Social Security Administration
Retirement, Survivors, and Disability Insurance
Request for Employee Information

Social Security Administration
Data Operations Center
P.O. Box 39
Wilkes-Barre, PA 18767-0039

Date:

Sequence Number:

Employer Number:

We need more information so that we can give you credit for your earnings from the company and for the year shown below. We can't put these earnings on your Social Security record until the name and Social Security number reported to us match our records. Unless this problem is corrected, you may not get retirement, disability, survivors or other benefits that you are due.

Company Name:
Employee's Name:
Social Security Number:
Reported Earnings:
Tax Year:

THIS IS WHAT YOU NEED TO DO

1. If your Social Security card does not show your correct name or Social Security number, or if you have lost your Social Security card, please call our toll-free number, 1-800-772-1213, or contact your local Social Security office.

2. Compare the information shown above to your W-2(s) and your Social Security card.
If the name and number shown on the Social Security card agree exactly with the information shown above, contact your local Social Security office so that we can find out why our records do not match what was reported for you by your employer. Do not mail this letter back to us.
If the name and number shown on the Social Security card do not agree with the information shown above, fill in the requested information on the reverse side of this letter, and mail it to us in the enclosed envelope. If you have been using an incorrect name or Social Security number, or your employer has been reporting earnings for you under an incorrect name or Social Security number, you must also correct this information with your employer.

IMPORTANT: THE FACT YOU HAVE RECEIVED THIS LETTER DOES NOT, IN AND OF ITSELF, ALLOW YOUR EMPLOYER TO CHANGE YOUR JOB, LAY YOU OFF, FIRE YOU OR TAKE OTHER ACTION AGAINST YOU. IF YOU THINK YOUR EMPLOYER IS DISCRIMINATING AGAINST YOU BECAUSE YOUR NAME AND SOCIAL SECURITY NUMBER DON'T MATCH OUR RECORDS, SEE THE ATTACHED INFORMATION ON IMPORTANT PROTECTIONS OF YOUR RIGHTS.

For Spanish-speaking individuals: Esta carta contiene informaci n importante. Vea la p gina
3 para m s detalles.
Please See Reverse


Most problems with names and Social Security numbers that do not match our records are the result of mistakes and do not involve intentional fraud. We want to work with you and your employer to correct your earnings record and to make sure that you receive
credit for all of your work under the Social Security program.

Please fill out the following form if the name and number shown on your Social Security card do not agree with the information on page one of this letter. Please take this action now to make sure you receive any retirement, disability, survivors or other benefits owed
to you.

For Spanish-speaking individuals: Esta carta pide informaci n sobre las ganancias reportadas para usted por su patrono. Si usted necesita una traducci n de esta carta, por favor, ll menos al n mero de tel fono gratis, 1-800-772-1213, de 7:00 a.m.
a 7:00 p.m. hora del este.


REQUEST FOR EMPLOYEE INFORMATION

1. Name shown on your Social Security card (Please Print--Use Black Ink or #2 Pencil):



First M.I. Last

2. Social Security number on your card:


3. Does the amount of reported earnings on the front
of this letter match any W-2 you received for the Yes No (Explain)
tax year shown?



4. Have you ever used another name? No Yes (Give other names used)



First M.I. Last


5. Daytime phone number where you can be reached __ __ __ __ __ __ __ __ __ __


NOTE: Do NOT send a copy, or original, of a Form W-2c with this letter.









See Next Page


KEEP THIS PAGE-IT INCLUDES IMPORTANT INFORMATION

Your employer may not take action against you based on this letter.
If you think that any action against you is related to labor union activities or union organizing activities, you may contact the National Labor Relations Board (NLRB), an agency of the U.S. government (http://www.nlrb.gov). Check your local directory for the nearest NLRB office in your area.

If you think that any action against you is related to your race, color, sex, religion, national origin, age or disability, you may call the Equal Employment Opportunity Commission (EEOC) toll-free at 1-800-669-4000, or 1-800-669-6820 (TDD for the deaf or
hard of hearing), or visit the website at http://www.eeoc.gov.

If you have questions or concerns about unfair practices by your employer that may be related to your national origin or citizenship status, you may call the Office of Special Counsel for Immigration-Related Unfair Employment Practices toll free at
1-800-255-7688, or 1-800-237-2515 (TDD for the deaf or hard of hearing). Within the Washington, D.C. metropolitan area, call 202-616-5594.

Please See Reverse



For Spanish-speaking individuals:
GUARDE ESTA CARTA-CONTIENE INFORMACI N IMPORTANTE
Su patrono no puede tomar acci n en contra de usted basado en esta carta.

Si usted piensa que cualquier acci n en su contra est relacionada con las actividades del sindicato de trabajadores, usted puede ponerse en contacto con la Junta Nacional de Relaciones de Trabajo (NLRB, siglas en ingl s), una
agencia del gobierno de los Estados Unidos (http://www.nlrb.gov). Busque la oficina de la Junta Nacional de Relaciones de Trabajo m s cercana en su directorio local.
Si usted piensa que cualquier acci n en su contra est relacionada con su raza, color, sexo, religi n, origen nacional, edad o incapacidad, puede llamar gratis a
la Comisi n de Igualdad de Oportunidades de Empleo (EEOC, siglas en ingl s),
al 1-800-669-4000, o 1-800-669-6820 (TDD para personas con problemas auditivos), o visitar http://www.eeoc.gov en el Internet (sol disponible en ingl s).
Si tiene preguntas o preocupaciones sobre pr cticas injustas por parte de su patrono que pueden estar relacionadas con su origen nacional o estado legal, puede llamar gratis a la Oficina de Consejer a Especial para Inmigraci n - Relacionada a Pr cticas de Empleo Injustas al 1-800-255-7688, o 1-800-237-2515 (TDD para personas con problemas auditivos).
Dentro del rea metropolitana de Washington, D.C., llame al (202) 616-5594.

Esta carta no implica que usted provey informaci n incorrecta sobre su nombre o n mero de Seguro Social. Esto no es una raz n, de por s , de que su patrono cambie su trabajo, lo suspenda, despida o tome una acci n adversa en su contra.

Vea al dorso
If you have any questions, you may call us toll free at 1-800-772-1213. We can answer most questions over the phone. You can also write or visit any Social Security office. If you do call or visit an office, please have this letter with you. The office that serves your area is located at:






If you need an interpreter to conduct Social Security business, we will supply one on request, free of charge. If you want us to supply the interpreter, please call
1-800-772-1213 before you come to the office and tell us what language you prefer to speak.




W. Burnell Hurt
Associate Commissioner for
Central Operations
Enclosure:
Envelope






THE PRIVACY ACT

Section 205(a) of the Social Security Act allows us to ask for the information on this letter. The information you give us will be used to give you credit for earnings reported. You do not have to give us this information. However, without the information we may not be able to give you credit for wages earned. We may give this information to the Internal Revenue for tax purposes or to the Department of Justice for investigating and prosecuting violations of the Social Security Act.

We may also use the information you give us when we match records by computer. Matching programs compare our records with those of other Federal, State or local government agencies. Many agencies may use matching programs to find or prove that a person qualifies for benefits paid by the Federal government. The law allows us to do this even if you do not agree to it. Explanations about these and other reasons why information you provide us may be used or given out are available in Social Security offices. If you want to learn more about this, contact any Social Security office.

PAPERWORK REDUCTION ACT AND TIME IT TAKES STATEMENT

This information collection meets the clearance requirements of 44 U.S.C. section 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You are not required
to answer these questions unless we display a valid Office of Management and Budget control number. We estimate that it will take you about 10 minutes to read the instructions, gather the necessary facts, and answer the questions.