ADP, LLC – Hiring Undocumented Immigrants?
IRS – Not Reporting Employee Earnings Correctly to IRS Either?
ADP the largest employer of record in the United States is not actually verifying those I-9’s the employee’s fill out.
I have to ask because this is an open door that I simply cannot resist, I wonder how Trump feels about that?
First let’s break this down to the basics, ADP is simply an employer of record, and as such they are responsible for:
Tax Deposits and filings
Employment contracts and paperwork
Maintaining a certificate of insurance
I-9 and EVerify
Background checks and drug screens
Contract employee benefit package administration
And more or less depending on the employer.
The employer of record carries many responsibilities as you can see. The employee often times actually works for an entirely different company, still the same by all legal rights they are the employee of ADP or any agency like ADP.
In this particular case the paperwork the employee originally signed clearly stated that ADP was in fact the employer of record and not the actual company she reported to work for each day.
ADP’s failure to verify that I-9 was brought to light in 2015, when the employee was informed that ADP had her social security number in wrong. They even failed to initially EVerify her because they did not have her social security number down correctly. Turns out they couldn’t read her tiny handwriting too well so someone just made up a number or guessed rather than double check with her.
Which is a problem wouldn’t you say? I mean legally they are supposed to EVerify every new employee however, if you don’t have that employee’s correct social security number down then how could you possibly do the I-9 verification?
This particular employee even questioned how ADP was able to actually get through the EVerify using the wrong social security number with her US issued driver’s license.
What is clear here is that no one is actually managing I-9/EVerify.
Not the Government, not the employers, no one is managing it, so it’s a waste. It’s a complete waste of time, effort and if no one is managing it, why are we even required to do it?
It’s just a piece of paper employers are told new employees must fill out but it’s not always actually checked, by anyone.
This particular employees tale actually goes from bad to worse. When ADP realized the error in social security numbers the employee was locked out of the old account, in the state she worked they do not require employers hand out a pay-check stub, so ADP never did, the employee’s log in on-line and print them if they need them.
They instead informed the employee to file her taxes using the last pay stub from the wrong social they input wrong, plus her W2 with the corrected social. What’s worse is that ADP at one point told the employee they deleted the old record and could not get her those earnings.
They just deleted the information? How is that even legal?
So they inadvertently locked her out of the old account before she could the pay stub and they never reopened it for her. Despite her many requests.
They created the new one however, the employee could never log into that, so she asked for her stub’s to be emailed to her. ADP refused and this went on for about a year, come 2016 the employee never received a W2, despite the fact that she kept requesting one.
Eventually around June she was able to get one from ADP which she sent back because it did not include all of her earnings for the tax year 2015, ADP again refused to simply move the earnings from the bad account into the new one…
They instead informed the employee to file her taxes using the last pay stub from the wrong social they input wrong, plus her W2 with the corrected social.
Now I am not tax expert but I’d to think at least the IRS would question an individual attempting to file a return using multiple social security numbers.
The issue was never resolved.
When the employee quit her position and moved in January of 2017 she called ADP to update her address so she would at least get her W2 for 2016.
She never received one and has called, emailed and responded to emails from ADP just about every month this year, to date they have refused to send her W2. So her plan is to just file her federal return with a made up number and let the IRS sort it out.
I commend that plan because she has also tried to phone the IRS, seems they are so busy the hold times have been over 30 minutes and she works during the day so it is not feasible to try to call them.
So not only is ADP refusing to send a W2, they are not verifying whether or not someone has a legal right to work in the US. Which makes all of you employers who use ADP, liable.
Not to mention you open yourselves up to ICE raids, and what of the IRS?
How is the IRS sure ADP is even reporting employee earnings correctly when they are not even able to input one employee’s social security number correctly.
How many other employee’s has this happened to?
That is the problem, no one could ever really truly say or know.
Cristal M Clark