Witless Over Whitman: The Meg Whitman Maid Story Falls To Pieces
Whether or not Republican gubernatorial candidate Meg Whitman received a letter from the Social Security Administration saying her former housekeeper's false documents did not match its records, Whitman did not act unlawfully by keeping the housekeeper employed, immigration lawyers said Thursday.
In fact, had she gone ahead and fired Nicandra Diaz Santillan based on such a letter, she would have exposed herself to potential anti-discrimination violations, lawyers said.
Whitman says she wasn't aware of receiving a "no-match" letter.
Lawyers said an employer's obligation upon receiving a no-match letter from the Social Security Administration is to check their own records for typographical or other errors, inform the employee that the records do not match and tell the employee to correct them.
"There is no additional legal obligation for an employer to follow up or respond to SSA with new information," said Gening Liao, a labor and employment attorney at the National Immigration Law Center in Los Angeles, which defends immigrants.
Liao added that it is "very important that the employer does not take adverse action against the employee" merely based on a letter from Social Security.
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