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Driver's License & Social Security Card have different first name

Discussion in 'Termination: Firing & Resignation' started by rlpbctsi, Apr 22, 2011.

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  1. rlpbctsi

    rlpbctsi Law Topic Starter New Member

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    We are hiring a new employee, when reviewing his identity submitted for the I-9 form I noticed that the first name is different on their social security card than on their driver's license and what had been submitted on their application. My boss "knows" the person and when I told him that I would have to use the name as it is on the social security card for payroll purposes he profoundly told me "No. Use his name as it is on his driver's license" he went on about the SS card not being legal ID, which I understand, but as far as the IRS is concerned (for payroll taxes) I believe I am to use the name as it appears on their social security card.

    Am I wrong? Please provide "back up" for either way - documentation, legal reference. This is not the first time I am told to do things they way my boss says regardless of if it is legal. I also told him I cannot accept photo copies of the driver's license and social security card - he told me otherwise (and none to pleasantly). I am always in battles with him over what he says is the way to do things and what I feel is the legal way to do things.
     
  2. army judge

    army judge Super Moderator

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    This is a battle you will never win!

    If you feel your employer is forcing you to compromise your integrity, you might wish to consider resigning.



    As you indicate past unpleasantantries have transpired, and a recurring pattern of alleged violations of law may have transpired, you're being placed in a difficult position.




    You can report your concerns to the federal authorities.

    If you need be, I am certain that you can report your concerns anonymously.



    If you do nothing, you'll continue to be asked to look the other way and assist in potential violations of our laws.





    This is one one of life's many conundrums.

    You're right, but you get treated as if you're wrong!



    Good luck.
     
    Last edited: Apr 22, 2011
  3. rlpbctsi

    rlpbctsi Law Topic Starter New Member

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    Yes this is the conundrum I face frequently. I look for a replacement job every week; trust me as soon as I find something else that I can still make my bill payments with the pay I am moving on. Unfortunatly the job market is not very promising right now.
     
  4. Peppermint

    Peppermint New Member

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    Does you payroll system have an alternate "payee name"? Many do. If you only have one name field in the system, then SS card name will have to be used so the W-2 instructions are complied with.

    Here is the cite that says the name of the SS card is the name that must be on the W-2.

    http://www.irs.gov/pub/irs-pdf/iw2w3.pdf

    As an aside, do you ever win any of these battles?
     
  5. rlpbctsi

    rlpbctsi Law Topic Starter New Member

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    Peppermint,

    Thank you for the info, I have found reference on the IRS website but this is much more useful.

    Our payroll system doesn't not have that ability.

    As far as winning any battles.... I win very few. He has his way of doing business and I have been "stomped" on many times and made to conform to his way when I have spoke up.

    With this particular situation when we were arguing over it, I said "You know, I have a 4-year degree in HR, I think I know what I am doing” his replay was "well then you wasted 4 years of your life" (That did not settle well with me).

    Another big issue I have is I am not allowed to pay anyone overtime. We do fall under Federal Motor Carrier Safety Regulations which exempts most of our people from overtime, but me for instance, I am not exempt but I am not allowed overtime pay even though I work 9.5hour days 5 days a week - I am paid at my regular rate. Once when I made checks out with overtime for those who are entitled, he screamed at me in front of everyone and was told to re-do all the checks.

    I have a ton of the stories to tell but I will not bore you.

    Biding time until I can find a new job…..
     
  6. Peppermint

    Peppermint New Member

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    Agree. You can't change this kind of idiot. All I can say is CYA with memos to yourself, etc., kept at home, just in case.

    When you get that new job, file the claim for your unpaid overtime. As you probably know, you should keep a record of your hours worked, at home, not using company time; a paper notebook is fine. Maybe that will convince him.
     
  7. umbra123

    umbra123 New Member

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    Hello rlbctsi-

    There are laws being broken here. You should be extremely careful with anything you put your name to. Certainly anything you sign must include your title so as to limit your liability in a civil matter, though it may not help you in a criminal matter. Hopefully you are not an officer of the company.

    A call to the DOL Wage and Hour division can be done anonymously or you can ask that your name not be used- and they will come in an audit all payroll records and job responsibilities to determine exempt and non-exempt employees. The employer will be required to pay all employees who deserved overtime pay, including terminated employees. If he found out it was you he could not retaliate or he would be subject to additional penalties.

    If it's as bad as you say, it may bankrupt your employer and you'll be out of a job so consider that while making a decision. Good luck to you and I hope it works out.
     
  8. Peppermint

    Peppermint New Member

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    Honestly, the DOL, either federal or state, doesn't have the staff or the money to be coming in and doing full-blown audits based on anonymous allegations.

    I've managed payroll for large corporations and a junicipal government for many years, and I worked for one idiot like this, although not to this extent. In this economy, I wouldn't quit without another job to go to; at that point, you can file your claim, and you can even encourage other employees who have not received overtime, for example, to do the same. As I mentioned earlier, CYA. If you want to be fired for not following an illegal instruction from the boss, you'd be likely to get unemployment benefits, but that amount is hard to live on and doesn't last forever. Sometimes, you have to pick yourbattles and choose the hill you want to die on. Not having a job may be that hill.
     
  9. umbra123

    umbra123 New Member

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    Peppermint- In all your experience, have you ever been audited by the DOL?

    In the case of wage violations, did they disclose who filed the complaint? In my (unfortunate) experiences, they would not disclose the complainant. The only exception I have experienced is in the case of an FMLA complaint in which the DOL will only investigate on behalf of the individual.

    There is also a statute of limitations on wage violations. There are also penalties for retaliation.
     
  10. Peppermint

    Peppermint New Member

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    No, I made sure we followed the law.

    And just because they may not have disclosed who filed the complaint doesn't mean the complaint was anonymous. Two different things.

    And yes, I know there is an SOL and I know there are penalties for retaliation; I never said any different.
     
  11. umbra123

    umbra123 New Member

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  12. rlpbctsi

    rlpbctsi Law Topic Starter New Member

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    Thank you everyone for your input. Yes this is definately a pick your battle situation. I am already living paycheck to paycheck, however I am constantly in search of another job. The stress of the continual blantant disregard for the law is killing me. And yes, if even a fraction of the things done here where to be reported it would bankrupt the company - we are barely surviving as it is.

    @umbra123

    Thank you for your insight about always including my title - I had not thought of it like that. I try to sign as little as possible. When I brought some of my concerns up with the owner early on 1st I was told I better "align myself with the company" 2nd I was told that he "wouldn't hold me liable if anything ever was filed" because I told him I charges could be brought against me personally. He said, "no I don't think so" and chose to brush me off and change the subject.

    I hate this, and I hate that the economy is what it is, there are no jobs to easily move to. Today I am in arguments over charging sales tax. I've been on the phone four different times with DOL to verify that I indeed need to apply sales tax to this very unique situation. My boss argued and argued with me and then came up with a "scheme" that he thinks will negate the need to charge :no: **sigh** TGIF - 2 days away from this place.

    Thanks again everyone.
     

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