Legal Question in Employment Law in California
Social Security Information
Our accounting department received a Personal Income Tax Earnings Witholding Order for taxes with an amount due. The name that the form reflects does not reflect our employees name, with the exception that the last name matches.
There is an individual using our employee's social security number. We completed the form and sent it back to The State of California Franchise Tax Board stating that the name reflected on the form does not belong to our employee and gave our employee's information as requested on the form.
Do we provide this informaion to the employee that someone is using their social security number and the form that we receive or do we have the State of Califirnia Franchise Tax Board notify him? Do we report it as fraud?
I'm not sure how to handle this. If it was me and my place of employement did not notify me when information like this was received, I would be angry.
Legally, how should we handle this?
Any help would be most appreciated.
1 Answer from Attorneys
Re: Social Security Information
There is no law saying you should or should not inform the employee. Common courtesy dictates that you should notify the employee and provide him with whatever documents you received so he can go to the authorities and get some assistance.