Employee Rights

  • Employers may not take any adverse action against an employee because he/she contests the information mismatch. This includes firing, suspending, withholding pay or training, or otherwise infringing upon his/her employment.

  • The employee must be given eight federal government work days to contact the appropriate federal agency to contest the information mismatch. Even if the issue is not resolved within the eight days, as long as the individual has contacted the appropriate agency within eight federal government workdays to initiate the resolution process, his or her employment can continue while the matter is pending.  If the case is taking a long time to be resolved by SSA or DHS, either agency can put a case into "continuance" in the system; if it does so, it will instruct GWU to take no action against the employee until the matter is resolved.

  • If an employee receives a SSA tentative non-confirmation (TNC), they have the option of visiting an SSA field office to update their record or if the employee is a naturalized citizen, the employee may choose to call USCIS directly to resolve the TNC. The phone number can be found on the SSA referral letter.

  • The employee has the right to contest or not to contest a Tentative Nonconfirmation (TNC) from SSA or DHS. Employees who believe that they have been subjected to discrimination based upon their national origin or citizenship or immigration status with respect to hiring, firing, recruitment or referral for a fee, through an employer’s use of E-Verify, or when completing the I-9 form should call the Department of Justice, Civil Rights Division, Office of Special Counsel for Immigration Related Unfair Employment Practices at 1-800-255-7688.