HANDLING YOUR EMPLOYER'S REQUEST FOR SOCIAL SECURITY NUMBER
---------- Forwarded message ----------
Date: Sun, 10 Sep 95 11:17:25 -0700
Subject: EMPLOYER SSN / EEOC RULING
I remember reading about an EEOC (Equal Employment Opportunity
Commission) ruling that could be used to keep employers from
requiring SSNs in order to be hired.
I do know this: The employer wants your SS# for 2 primary reasons.
Firstly, for identification purposes, and secondly for filing
purposes.
If you can eliminate the need for identification or filing with a
SS#, they no longer would probably want this? This can be done by
getting a U.S. Passport and asserting your status as a Citizen of one
of the several United States. Once you have done this, you can
approach your employer with a Form I-9 from the INS and your
Passport. The U.S. Passport serves as both ID AND ELEGIBILITY for
your workplace. According to the I-9, it is a federal offense for
them to refuse your U.S. Passport as both. Usually, most people show
driver's license for I.D., and SS# card for elegibility. A U.S.
Passport does both, and the I-9 pushes it through. Call the INS for
a free copy, and its handbook, the M-274.
Now that you've established ID and Elegibility WITHOUT providing a
SS#, they'll want it for a W-4. Only, as a Citizen you file a W-8,
which has no such requirement. If they balk, you can say something
like, "Well this is what the IRS told me to file. If you're
uncomfortable with it, please let's call the IRS and ask them. Or
better yet, let's have an agent come out to the office to review, in
person, everything I've presented. I want you to feel comfortable
this is legal."
This approach very often gets them to accept it. Furthermore, you
can write up your own delcaration of status that specifically
relieves them of any tax liability, claiming it all for yourself.
This also makes them feel more comfortable.
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