SSN Policy Manual

Employment Issues

Negotiating With the Prospective Employer Many unenumerated employees believe that they must work under-the-table for very low wages. This assumption has caused a lot of unnecessary hardship for many naive people and has resulted in tremendous savings for many unscrupulous employers. This assumption is absolutely incorrect. Employers who hire unenumerated employees have fewer payroll deductions which result in a 20 to 40 percent saving for each employee and lower operating overhead. Simply because of this savings, employers should pay unenumerated workers more than their enumerated counterpart. Of course they probably won't want to do that, but to be fair, the employer needs to recognize that you do not enjoy many of the other so-called benefits such as unemployment compensation. Therefore, it is reasonable that you should negotiate a pay that is at least 20 percent above that of enumerated peer employees. Employers should find this a comfortable compromise. However, with that aside, you will discover that it is very difficult to find employers who will take the time to learn about hiring the unenumerated employee; for those that do learn, few will have the courage to do it. There are basically two ways to approach this. The first way is to simply go to a prospective employer and fill out the employment application as any other potential employee would. With a pencil write this note in the social security number request field: "necessary information provided upon offer of employment." You will need to overwrite the area a bit to fit all of that in, but the personnel people will usually assume that you have your reasons. If they ask, tell them that since the information isn't really needed until you are hired (26 CFR $601I@)- 2(c)(6)), that for security reasons you would like to withhold that information until it become absolutely necessary. They will usually agree. This will permit you to proceed through the interview process and to receive a real employment offer. If they do not offer to hire you, it is because they found someone they feel more comfortable with and not because of a social security number issue. When they do make you an employment offer, it is because you are the qualified candidate that they want. Soon after their employment offer, they will ask you for a social security number and you now have an opportunity to explain why you don't have one and how they should proceed. Hopefully their legal department will study the issue carefully and make the necessary arrangements. You may offer copies of the appropriate forms available in this manual and you should be willing to sign those agreements. If they fire you, then you know clearly that it is because they choose to discriminate against you for being unenumerated. You might wish to proceed with the Equal Employment Opportunity Commission or in court. The second method is to briefly explain your unenumerated status in a cover letter accompanyingyour resume. You will get very few positive responses fiom your resume, but those that do come back will be extremely promising because they understand the issue before interviewing you. This process is most effective when you