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It is certainly legal to hire someone who is authorized to work in this country, but who does not have a social security number or who chooses not to disclose it. In such a case, as noted in the article "Verification of Social Security Numbers", the employer has the right to require the employee to complete an affidavit such as a "Form P-1" ("Reasonable Cause Affidavit by Payor For Not Obtaining Payee's Identifying Number" (a privately-developed form findable with an Internet search engine)) or similar document that the employer will need to excuse its failure to obtain a social security number for IRS (whether such an affidavit is sufficient to excuse non-disclosure of the SSN on a new hire report is an open question, at least in the situation of religious objectors - see below). Employers do not face any particular legal issues for discharging an employee who refuses to complete such a form, other than perhaps an unemployment claim, the outcome of which would depend upon whether the employer could prove that refusal to complete the employee portion of the form amounted to work-related misconduct and that the employee either knew or should have known they could be fired for such a reason.
https://twc.texas.gov/news/efte/employees_without_ssns.html
Criminal records typically have no Social Security Number attached to them. Thus searching for criminal records is performed on a legal name and date of birth match. The challenge is that there are at most 366 days in a year, but there are nearly 330 million people in the United States. No matter how unique your name is, it's likely that at least several if not thousands of people share the same name as you – and with only 365/366 days in a year, it is possible and highly likely with common names – that you share not only a name but the same date of birth. Thus, when it comes to a background check the middle name is a crucial additional identifier, particularly with common names (but even with not-so-common names). While there are over 47,000 John Smiths in the US, how many do you think share the name John Sterling Smith?
No California or federal law prohibits a private employer from asking job applicants to provide their Social Security or driver's license number. In Utah, by contrast, an employer generally may require a job applicant to provide his or her Social Security or driver's license number only if a job offer has been extended or the applicant is at the point in the hiring process where the employer is conducting a criminal background check or credit history check.
Many questions concern checking potential employees' references. One industry publication estimates that 40% of resumes contain false or “tweaked” information; my opinion, based on more than 25 years of hiring, is that estimate is wildly optimistic. After all, many applicants are convinced padding is necessary to get the job they want. As a young performing arts student once told me in my office, “Show me an actor who hasn't padded his resume, and I'll show you a waiter.” Given that so many resumes are less than completely accurate, it is astonishing how many employers do not bother to check them, and the applicants who submit them, thoroughly. Physicians are particularly remiss in that department. And those physicians who do check at all often do far less than they should.
https://www.mdedge.com/edermatologynews/article/10168/background-checks
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