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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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May an employee fill out a job application using his/her middle

Resolved Question:

May an employee fill out a job application using his/her middle and last name, and then fill out the I9 and W4 using the first initial of the first name followed by the middle and last name? They do this because they go by their middle name, not their first.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the question. A person can apply for a job using whatever their name is XXXXX XXXXX employment records and background records (credit and any criminal) are under. However, they must provide their legal name, as is listed on Social Security and IRS records, for the I9 and W4. Ultimately, if the applicant is hired, they can ask their employer to call them whatever they want to be called, but official records must be filled out using the legal name that is in the records I mentioned.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

So, if a person's name isXXXXX he could fill out J Edward Norton and it would still be legal, because the social security number matches the name.

Customer: replied 1 year ago.

you there?

Expert:  Marsha411JD replied 1 year ago.
That isn't exactly what I said. They need to use the exact name that their SS and IRS records are in. The I-9 specifically says you must provide your entire legal name and goes into great detail explaining that. The W4 needs to be the same name that the IRS uses for the person, exactly as the IRS has it. The job application needs to provide enough informaiton so that the employer can do a background information. J versus John would not always be enough and the employer may have to come back and ask for the full name since they will have to distinguish other people who might, or example, have a criminal record in the name of J Edward Norton. So, there really is no reason for the applicant not to provide their complete name for these purposes since it will prolong and complicate the application process. Again, they can ask the employer to call them whatever they want, but that is different than filling out legal documents that involve government agencies.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 16973
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
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