Legal Question in Employment Law in Montana

Employee provided false social security number
Our employee provided us with his valid drivers license and a social security card that appeared to be proper. We have now found out the social security number belongs to his son, who has the same name. He did this to prevent a child support garnishment. He told another employee in confidence and that employee does not want to be named. He has been in our employment for 3 months. To make matters worse, the same day we found this out, he filed a workmen's comp claim for a fall on ice on our job site. He filled the claim out with the false ss number. We have not completed the employeers section of the form, and our concerned is that we could be held liabiable for fraud if we do not report what we know to work comp. We do not have proof yet and we would like to fire him, but are concerned that it may look like retaliation for the claim. Are we obligated to report his falsification to the child support agency or any federal or state agency?

Asked on 2/19/06, 4:38 pm

David Anderson Anderson Business Law LLC

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Re: Employee provided false social security number

You need to sit him down and get all valid and accurate info, and tell him you will be correcting that info with all govt agencies.

If he refuses, make a record (document it in writing) and terminate him.

Is he a union employee?

DOes he have any written contract?

You may want a legal opinion before action.

Call or e=mail for legal assistance.

Answered on 2/19/06, 5:57 pm

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