What if an ex employee won't provide his social security number?

Answer 1

No. Employment is a form of contractual agreement. Generally, the same points made in the previous answer regarding contractual agreements also apply here.

If the terms of employment include a requirement that the employee must supply their social security number then there are basically four options available: 1) supply the requested SSN; 2) ask to work out another arrangement where the SSN isn't required; 3) don't work for that company; or, 4) sue the business in court.

An employee or job applicant may be able to receive protection from coerced submission of a SSN for employment purposes by relying on federal anti-discrimination laws. The Civil Rights Act of 1964 Section 703(a)(1), Title VII, 42 U.S.C. Section 2000e-2(a)(1) makes it unlawful to discriminate against any employee or perspective employee on the bases of his or her religion. (This is in addition to the basic Constitutional First Amendment protection of the free exercise of religion.)

In 1992 a complaint was filed with the Equal Employment Opportunity (EEOC) by a Mr. Hanson, wherein he claimed as a "Christian Fundamentalist" he could not obtain or use a SSN. The EEOC filed suit against the business that fired Mr. Hanson on his behalf. The suit claimed that firing Mr. Hanson due to his not having or getting a SSN constituted discrimination due to his religious belief. The business claimed that they were required to either force Mr. Hanson to get a SSN or fire him because they were required by certain IRS Code sections and regulations to report all employees' SSNs on certain IRS forms. The business also responded that it was required by federal law to report all employees' SSNs to the Immigration and Naturalization Service (INS).

The EEOC countered that the only requirement imposed upon a businesses by the various tax laws was that employers must "request" an employee's or potential employee's taxpayer identification number, and that there was be no penalty for a business not succeeding in obtaining one. The EEOC, itself a federal government agency, stated in its "Plaintiff's Response to Defendant's Motion to Dismiss" that:

"the Internal Revenue Code and the regulations promulgated pursuant to the code do not contain an absolute requirement that an employer provide an employee social security number to the IRS."

The EEOC further argued that employers were permitted to use any one of several acceptable forms of identification and employment eligibility verification other than a SSN and still comply with the Immigration Reform Act requirements.

The Court denied the employer's motion to dismiss the complaint. A settlement was later reached in which Mr. Hanson was awarded back pay. The Court's final decree setting out the terms of the settlement stated that: "The [employer] shall be permanently enjoined from terminating an employee for failure to provide a social security number because of religious beliefs."

A sincerely held religious belief may serve as a valid basis for objecting to requirements for a social security number for employment purposes. A business could be found guilty of discrimination for taking adverse action against an employee or applicant due to their refusal to use or obtain a SSN.

Answer 2

If the ex-employee refuses to provide their social security number, you can inform them of any legal requirements for reporting this information, and explain the potential consequences of not providing it. You may also need to consult with legal counsel or HR professionals for guidance on how to proceed while ensuring compliance with relevant regulations.