Legal Question in Social Security Law in Missouri
Withholding pay for misspelled Social Security card...
My name is misspelled on my Social Security card. I used a passport (U.S. citizen) for my I-9 employment eligibility form. I have worked for a few weeks, and I was told today (my first expected pay day) that I will not be paid until the spelling is corrected on my social security card. I'm in my forties, and this is the first time something like this has come up. I had it corrected once years ago, and they misspelled it differently. The money was going into the right account, and so I quit worrying about it.
Now, I cannot find my birth certificate (misplaced while moving to accept the job) and will have to get a replacement. I was told it will take at least two weeks to get a new birth certificate. If I do not get paid until I get the card corrected, it could easily be two months without a check - not good.
My employer says it's their policy to view every Social Security card, regardless of what is used for the I-9. I am clearly a US citizen, with a passport, driver's license, utility bills, credit rating, background check, to support it.
Is there a law or regulation that requires them to pay me as this gets sorted out? Is there something I could show my HR department?
1 Answer from Attorneys
it is advisable to get the certified copy of your birth certificate or other proof that is acceptable to them. better wait for the proof as their stand is somewhat correct. they do not want to make the payment on the wrong name.
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