I have an employee which is currently on leave due to an on the job automobile accident. I just learned today through social security administration that his name does not match up with the social security number I have on file. Can I simply fire him for being undocumented even though he is technically off due to medical leave from the auto accident?? I don't want to get sued later on.
Upon return from medical leave, confront the employee concerning the possiblity of Fraud. Unless there is some valid explanation for the mis-match, I believe you are under a legal duty to report the issue to the social security administration.
Reporting and firing are two different questions. Because it was an on the job injury, I am re-tagging this under "workers compensation" so that you can have those attorneys weigh in. You'll want to avoid the potential mine field of firing an individual after an on the job injury. I imagine the answer will be document, document, document, but since this is not my area of practice, you should wait for a better answer.
Disclaimer: This answer sets up no attorney/client relationship. The information provided here is done so as general information only and is not intended as legal advice.
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