FAQ on Immigration and Social Security Issues at the Woodfin

On October 5th, in the midst of Woodfin workers' public campaign for enforcement of Measure C, about half of the hotel's employees received notices saying that the company had found problems with their Social Security numbers, and that they would be fired unless they could correct the problems. Woodfin managers claim that they must fire these workers to comply with federal law.

What is a Social Security "no-match"?
When employers file tax returns each year, they include the names and Social Security numbers of each of their employees. Sometimes the Social Security Administration (SSA) has no record of a name or Social Security number reported on a tax return, or finds that the name and number do not match each other in the administration's files. In this case, the SSA sends the employer a letter informing them of the problem and asking for their help in correcting it so that the workers' earnings can be credited to their accounts.

Why would a worker receive a "no-match" letter?
Employers often assume workers who receive "no-match" letters are undocumented, but in fact there are many reasons why a worker's name and Social Security number might not match SSA records. The worker may have gotten married or changed names without informing the SSA, or the worker's name may have been spelled wrong on company or SSA records (this is particularly common among immigrants whose names may have several possible English spellings or be difficult for managers to write correctly).

Do companies need to fire workers who receive "no-match" letters?
No. "No-match" letters say: "You should not use this letter to take any adverse action against an employee, such as laying off, suspending, firing, or discriminating against that individual, just because his or her Social Security number appears on the list. Doing so could, in fact, violate state or federal law and subject you to legal consequences." However, employers occasionally do take action against workers who receive the letters, either because the employer is confused about its legal obligations, or because this is a convenient way to threaten or punish workers involved in organizing campaigns.

Why do workers believe that the notices they have received are related to their political activity?
Many Woodfin employees have been working at the hotel for several years, and were never threatened about their Social Security numbers until this fall. Over the years the Woodfin received several "no-match" letters, but did not fire workers in response. In October 2006, the month after workers approached the Emeryville City Council to complain about working conditions, the company suddenly announced that it planned to fire numerous workers due to Social Security "no-matches." This was not in response to a new request from the SSA; the most recent "no-match" letter to the Woodfin was sent about five months earlier. Instead, the announcement seemed to be part of a consistent pattern of threats and intimidation toward workers involved in Measure C enforcement.

During the summer of 2006, Woodfin managers repeatedly held "captive-audience" meetings to denounce Measure C, falsely claimed that the law had been blocked by courts or would lead to immigration raids on the hotel, grilled workers one-on-one about their support for the campaign, fired a worker involved in Measure C outreach, and threatened to shut down the hotel if Measure C was enforced. The day after workers presented a petition to managers demanding that the hotel comply with Measure C, the housekeeping manager held a meeting for all workers to say that he was disappointed with them and might not "help them out" when future Social Security letters were received. Both the timing of the firings and the Woodfin's previous actions strongly suggest that the company is using "no-match" letters to punish employees who stood up for their rights.