Thank you Ice! I would call these gentlemen, however, I have no phone to do so.
Here are the latest emails I've sent and received. I wanted to let you all know how things are proceeding.
>>>>>>>>>>>>&g t;>>>>>>>>>>>> >>>>>>>>>>>>&g t;>>>>
<DIV>I am asking you some simple questions. Please allow me to restate the questions so I may make sure you are understanding them correctly.</DIV>
<DIV>&</DIV>
<DIV>Does your corporate home office dictate the terms of operation?</DIV>
<DIV>&</DIV>
<DIV>Are you willing to follow the Law and allow me to work for the company without a social security number? </DIV>
<DIV>&</DIV>
<DIV>Thank you for your uncooperative behavior in this matter. It seems to me that you are the one who wants to ask all the questions (who I am and where I am, as if that matters at this point in time) and are unwilling to give me some straightforward answers. </DIV>
<DIV>&</DIV>
<DIV>Take notice that you may be called as a witness in my upcoming suit against the franchise and the corporation. </DIV>
<DIV>&</DIV>
<DIV>By the way, I'm very&confident I'll win.</DIV>
<DIV>&</DIV>
<DIV>Here is some information for your perusal. Since you haven't stated what your position is, perhaps this will help you to decide what that is. </DIV>
<DIV>&</DIV>
<DIV><FONT size=2>
EEOC v Information Systems Consulting.</FONT><FONT face="Times New Roman"><FONT size=3>
</FONT></FONT><FONT size=2>
As irrefutable proof that Social Security is indeed a voluntary
program, I offer the following: In Texas, the Justice Department argued
for the EEOC (Equal Employment Opportunity Commission) against an
employer who had, under IRS advice, refused to hire an individual who
would not provide a social security number. The complaint was styled as
a DISCRIMINATION action. The discrimination involves both religious
convictions and national origins (Americans are not required).</FONT><FONT face="Times New Roman"><FONT size=3>
</FONT></FONT><FONT size=2>
The IRS refused to appear in court to defend its advice to the
employer, who immediately folded when confronted in court with a team of
Justice Department lawyers suing him for discrimination. (Who wants to
be in court against the Justice Department without any legal facts to
stand on and no witness to call? ) The IRS typically passes out
incorrect or misleading information to the employer, and then refuses to
appear in the court room to defend the advice that the Employers are
acting on.</FONT><FONT face="Times New Roman"><FONT size=3>
</FONT></FONT><FONT size=2>
The case proves beyond the shadow of any doubt what-so-ever that it is
NOT necessary to use a social security number in association with your
personal finances and earnings, If You Choose Not To!</FONT><FONT face="Times New Roman"><FONT size=3>
</FONT></FONT><FONT size=2>
EXCERPTS FROM
EEOC v. Information Systems Consulting
CA3-92-0169-T
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION</FONT><FONT face="Times New Roman"><FONT size=3>
</FONT></FONT><FONT size=2>
1. From the EEOC’s Letter of Determination, Dated May 2, 1990 (p.2)
The evidence supports the charge that there is a violation of Title VII
of the 1964 Civil Rights Act, as amended,... Section 706(b) of Title VII
requires that if the commission determines there is a reasonable cause
to believe that the charge is true, it shall endeavor to eliminate the
alleged unlawful employment practice by informal methods, of conference,
conciliation, and persuasion, having determined there is reasonable
cause to believe the charge is true, the Commission now invites the
parties to join with it in a collective effort toward a just resolution
of this matter.</FONT><FONT face="Times New Roman"><FONT size=3>
</FONT></FONT><FONT size=2>
2. From the Affidavit of Tim Fitzpatrick, September 29, 1989 (p.3):
After discussions with the IRS, the company discovered that if Mr.
Hanson did not provide the company with a Social Security number, the
company would be in violation of the Internal Revenue Regulations and
subject to various penalties.</FONT><FONT face="Times New Roman"><FONT size=3>
</FONT></FONT><FONT size=2>
3. From the Plaintiff’s Response to Defendant’s Motion to Dismiss, April
1, 1992 (p.8-9)
"...the Internal Revenue Code and the Regulations promulgated pursuant
to the code do not contain an absolute requirement that an employer
provide an employee social security number to the IRS.
Internal Revenue Code Section 6109(a)(3) states:</FONT><FONT face="Times New Roman"><FONT size=3>
</FONT></FONT><FONT size=2>
Any person required under the authority of this title to make a return,
statement or other document with respect to another person, shall request from such person, and include in any such return, statement or document, such identifying number as may be prescribed for securing proper identification of such person. 26 USC 6109(a)(3) (Supp. 1992)"</FONT><FONT face="Times New Roman"><FONT size=3>
</FONT></FONT><FONT size=2>
The IRS regulation interpreting section 6109 provides:
"If he does not know the taxpayer identifying number of the other
person, he shall request such number of the other person. A request should state that the identifying number is required to be furnished under the law. When the person filing the return, statement, or other document does not know the number of the other person, and has complied with the request provision of this paragraph, he shall sign an affidavit on the transmittal document forwarding such returns, statements, or other documents to the Internal Revenue Service so stating..
Treas. Reg. 301.6109-1(c) (1991)"</FONT><FONT face="Times New Roman"><FONT size=3>
</FONT></FONT><FONT size=2>
"The applicable IRS statute and regulation places a duty on the
employer to request a taxpayer identifying number from the employee. If
document must be filed and the employer has been unable to obtain the
number, but has made the request, then the employer need only include an
affidavit stating that the request was made."</FONT><FONT face="Times New Roman"><FONT size=3>
</FONT></FONT><FONT size=2>
The Government also avers that: "In 1989, Internal Revenue Code Section
6676, 26 USC and 6676 (1989), set forth the penalties for failing to
supply the IRS with identifying numbers as required by the code....a
$50.00 penalty will be imposed for failure of an employer to provide an
identifying number on any document filed with the IRS unless it is shown
that the failure was due to reasonable cause and not willful neglect.
The Treasury Regulation interpreting the Statute states:
Under Section 301.609-1(c) a payor is required to request the
identifying number of the payee. If after such a request has been made,
the payee does not furnish the payor with his identifying number, the
penalty will not be assessed against the payor.
Treas. Reg. 310.6676-1 (1989)"
"Public Law 101-239, Title VII, Section 7711(b)(1), Dec. 19, 1989, 103
Stat. 2393, repealed Section 6676 of the Internal Revenue Code, 26 USC
6723 (Supp. 1992) has governed the failure to comply with information
reporting requirement. However, Internal Revenue Code Section 6724, 26
USC 6724 (Supp. 1992), provides for a waiver of any penalties assessed
under the code upon a showing of reasonable cause.
Section 6724(a) provides:
No penalty shall be imposed under this part with respect to any failure
if it is shown that such failure is due to reasonable cause and not
willful neglect. 26 USC 6724(a) (Supp. 1992)"</FONT><FONT face="Times New Roman"><FONT size=3>
</FONT></FONT><FONT size=2>
4. From the Consent Decree, dated November 4, 1992 (p.4)
"The defendant ... shall be permanently enjoined from terminating an
employee or refusing to hire an individual for failure to provide a
social security number.... If an employee or applicant for employment
advises the defendant that he does not have a social security
number....., the defendant shall request, pursuant to Section 6724 of
the Internal Revenue Service Code {sic}, 26 USC 6724, a waiver of any
penalties that may be imposed for failing to include an employee social
security number on forms and documents submitted to the IRS.</FONT><FONT face="Times New Roman"><FONT size=3> </FONT></FONT><FONT face="Times New Roman">
Did you know that there is no law requiring an American to obtain, have or use a social security number to live or work in the United States? ... yet strangely, everybody seems to think that such a law exists because it seems to be required to conduct even the simplest business. For example, everybody believes that a social security number is required for employment, banking, credit, insurance and even driver’s license - but there is no law that makes such requirements. In fact, there are many laws that prohibit requiring a social security number and several of these laws allow you to collect civil damage of $10,000 from people who violate your rights.
Did you know these important facts?
· The law protects employers from the IRS penalties when they do not collect social security numbers from employees.
· Employers cannot make payroll deductions for taxes when they do not have an employee’s social security number.
· That neither the IRS nor the Social Security Administration collect taxes from people who do not have or use a social security number.
· More than 7,000,000 natural born American adults do not have social security numbers.
· It is illegal for most government agencies to deny you rights, services or privileges because you refuse to give them a social security number. (You do need a social security number to collect social security benefits or welfare payments.)
· The military is prohibited from using a social security number as the military ID without your explicit permission.
· It is against the law for employers or government agencies to give a social security number to somebody else without your explicit permission.
&
<FONT size=4>I know of at least 3 cases, aside from the above, where employers were sued for amounts ranging from $2000 to $12,000 for terminating an employee for not providing a social security number. </FONT></FONT></DIV>
<DIV>So I am now asking you again, what is your position on this issue? Will you comply with the Law? and allow me to continue working for the franchise? Will you support me in this? Or will you continue to be uncooperative? After researching this,&will you&stand up for your employees rights?&Or&will I see you in court? You can at least let me know that when I provide you with my information, you will support me in this, and follow the Law. I would like to know your position before I provide you with the information you want. If you, as a representative of the corporation, are unwilling to stand up for the rights of those working to make the corporation/franchise a productive and lucrative venture, then why should I bother providing you my information?</DIV>
<DIV>>>>>>>>>>>>& gt;>>>>>>>>>>>> ;>>>>>>>>>>>>& gt;>>>>></DIV>
<DIV>&</DIV>
<DIV>His response:</DIV>
<DIV>&</DIV>
<DIV>
<DIV><SPAN class=902424713-12042004><FONT face=Arial color=#0000ff size=2>Paul,</FONT></SPAN></DIV>
<DIV><SPAN class=902424713-12042004><FONT face=Arial color=#0000ff size=2></FONT></SPAN>&</DIV>
<DIV><SPAN class=902424713-12042004><FONT face=Arial color=#0000ff size=2>I stated previously and as I will continue to state, until you provide us the requested information we can not assist you because we do not know who to talk to about your situation.& If you would like our help, please provide this information so we can move forward.& That is my position and it will continue to be my position.</FONT></SPAN></DIV>
<DIV><SPAN class=902424713-12042004><FONT face=Arial color=#0000ff size=2></FONT></SPAN>&</DIV>
<DIV><SPAN class=902424713-12042004><FONT face=Arial color=#0000ff size=2>Keith Clark</FONT></SPAN></DIV>
<DIV><SPAN class=902424713-12042004><FONT face=Arial color=#0000ff size=2>SVP - Corporate Development</FONT></SPAN></DIV>
<DIV><SPAN class=902424713-12042004><FONT face=Arial color=#0000ff size=2>General Counsel</FONT></SPAN></DIV>
<DIV><SPAN class=902424713-12042004><FONT face=Arial color=#0000ff></FONT></SPAN>&</DIV>
<DIV><SPAN class=902424713-12042004><FONT face=Arial color=#0000ff>>>>>>>>>> >>>>>>>>>>>>&g t;>>>></FONT></SPAN></DIV>
<DIV><SPAN class=902424713-12042004><FONT face=Arial color=#0000ff></FONT></SPAN>&</DIV>
<DIV><SPAN class=902424713-12042004><FONT face=Arial color=#0000ff>My reply to him:</FONT></SPAN></DIV>
<DIV><SPAN class=902424713-12042004><FONT face=Arial color=#0000ff></FONT></SPAN>&</DIV>
<DIV><SPAN class=902424713-12042004>
<DIV>Keith,</DIV>
<DIV>&</DIV>
<DIV>Thank you for your response. At least let me know if you are familiar with the Law that I speak of. I hope that you are a man of your word. I understand you may be "afraid" to put such a thing in writing. After all, if you're an "attorney" your first duty is to the court. Though you would be fully within your right to lawfully do so without repurcussion of any kind. When a worker does not provide such a number, as you may have seen if you have researched, there is a $50 fine from the IRS, ONLY if you have the number on file and have refused to provide it. The only "duty" your franchise owner has is to request the number, not&obtain it. The "fine" is waived upon presentment of a simple affidavit stating that the employer&requested the number, and the worker did not provide it. If you want me to provide the specific citation, I can.</DIV>
<DIV>&</DIV>
<DIV>From what I understand, you already know who I am and where I am. After all, "corporate home office" are the ones who gave the franchise owner here the advice to terminate me, and were the ones I was directed to regarding the issue. At least according to the owner.</DIV>
<DIV>&</DIV>
<DIV>If you want me to sign a W-4, fine. However, I find the inventorying of human flesh to be repugnant. It goes against my religious/spiritual beliefs.</DIV>
<DIV>&</DIV>
<DIV>the last thing I want to do is to cause either one of us any problems. I simply want to work and cover my bills. </DIV>
<DIV>&</DIV>
<DIV>Sincerely,</DIV>
<DIV>&</DIV>
<DIV>paul
</DIV></SPAN></DIV></DIV>
>>>>>>>>>>>>&g t;>>>>>>
His response:
<DIV><SPAN class=277524515-12042004><FONT face=Arial color=#0000ff size=2>Paul,</FONT></SPAN></DIV>
<DIV><SPAN class=277524515-12042004><FONT face=Arial color=#0000ff size=2></FONT></SPAN>&</DIV>
<DIV><SPAN class=277524515-12042004>& <FONT face=Arial color=#0000ff size=2>It is not the corporate office's policy to advise franchisees to fire their employees.& The operations of franchised units, and particularly issues related to employment matters, are handled by the franchisees.& They are independently owned and operated restaurants.& </FONT></SPAN></DIV>
<DIV><SPAN class=277524515-12042004><FONT face=Arial color=#0000ff size=2></FONT></SPAN>&</DIV>
<DIV><SPAN class=277524515-12042004>& <FONT face=Arial color=#0000ff size=2>As I have stated before, since I don't know who you are or where you worked you need to provide this information before we can speak to the owner about this situation.& Unless and until you provide this information, there is nothing I can do.</FONT></SPAN></DIV>
<DIV><SPAN class=277524515-12042004><FONT face=Arial color=#0000ff size=2></FONT></SPAN>&</DIV>
<DIV><SPAN class=277524515-12042004><FONT face=Arial color=#0000ff size=2>Keith Clark</FONT></SPAN></DIV>
<DIV><SPAN class=277524515-12042004><FONT face=Arial color=#0000ff></FONT></SPAN>&</DIV>
<DIV><SPAN class=277524515-12042004><FONT face=Arial color=#0000ff>>>>>>>>>> >>>>>>>>>>>>&g t;>>>>>>>></FONT></SPAN></DIV>
<DIV><SPAN class=277524515-12042004><FONT face=Arial color=#0000ff></FONT></SPAN>&</DIV>
<DIV><SPAN class=277524515-12042004><FONT face=Arial color=#0000ff>My reply:</FONT></SPAN></DIV>
<DIV><SPAN class=277524515-12042004><FONT face=Arial color=#0000ff></FONT></SPAN>&</DIV>
<DIV><SPAN class=277524515-12042004>
<DIV>Hi Keith,</DIV>
<DIV>&</DIV>
<DIV>A few days ago I suggested the owner give you all a call. Coincidentally, your office called his franchise the day I was in there while I was there&and asked him&for a $500 donation for the Bush Administration, and told him he was being overtaxed.</DIV>
<DIV>&</DIV>
<DIV>Has he contacted your office yet?</DIV>
<DIV>&</DIV>
<DIV>Thank you,</DIV>
<DIV>&</DIV>
<DIV>Paul</DIV>
<DIV>>>>>>>>>>>>& gt;>>>>>>>>>>>> ;>>>></DIV>
<DIV>&</DIV>
<DIV>His response:</DIV>
<DIV>&</DIV>
<DIV>
<DIV><SPAN class=710090922-15042004><FONT face=Arial color=#0000ff size=2>I don't know anything about Bush Administration donations, but I don't think we solicite for political campaigns.& I have not spoken to any franchisees the last few days.</FONT></SPAN></DIV>
<DIV><SPAN class=710090922-15042004><FONT face=Arial color=#0000ff size=2></FONT></SPAN>&</DIV>
<DIV><SPAN class=710090922-15042004><FONT face=Arial color=#0000ff size=2>Does this mean you are declining to provide the requested information?& I'm not going to play e-mail tag forever.</FONT></SPAN></DIV>
<DIV><SPAN class=710090922-15042004><FONT face=Arial color=#0000ff></FONT></SPAN>&</DIV>
<DIV><SPAN class=710090922-15042004><FONT face=Arial color=#0000ff>>>>>>>>>> >>>>>>>>>>>>&g t;>>>>>>>>>>>> >>>>>>></FONT></SPAN></DIV></DIV></SPAN></DIV>
<DIV>My reply:</DIV>
<DIV>&</DIV>
<DIV>No, it does not. </DIV>
<DIV>&</DIV>
<DIV>Do you have a number that I can provide to the owner of the franchise where he can contact you?
</DIV>
&
>>>>>>>>>>>>&g t;>>>>>>>>>>>> >>>>>>>>>
<FONT color=#0000ff>Him:</FONT>
<FONT color=#0000ff>corporate number is 469-384-5000.& Of course, if he is a franchisee he already knows that.</FONT>
>>>>>>>>>>>>&g t;>>>>>>>>>>>> >>>>>>>>>
Me:
<DIV>Thank you, Keith. I will make sure he gets this and ask him to call. I have already asked him to call corporate counsel on more than one occasion. Either he did or didn't, I don't really know. All I know is he said he was told by corporate to discontinue my employment if I was not enumerated with an ssn. On the day I worked for three hours, I was asked to fill out tax forms. I asked if I could bring them home and fill them out and then return them the following day. I was told I could. Then when I was let go I was told I had to have an ssn to work there and to come back when I have one. All I want to do is to work, trade my labor for cash. I have no objection to filling out forms. If it is law that I must have an ssn to trade labor for cash I would like for that Law to be supplied to me, please. Everything I have read says quite the opposite. I am merely trying to follow the Law of our Father. If being enumerated is what is required for employment with your company, please share that policy with me and I will be willing to consider it (under protest as it is violating my right to religious belief). At the same time, the card is only one part of "the mark" and I do not want to pass up a good job if it means I will starve to death.</DIV>
<DIV>&</DIV>
<DIV>Take care,</DIV>
<DIV>&</DIV>
<DIV>paul
>>>>>>>>>>>>&g t;>>>>>>>>>>>> >>>>>>>>>>>>&g t;></DIV>
<DIV>&</DIV>
<DIV>Him:</DIV>
<DIV>&</DIV>
<DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff size=2>For what&will be the last time:</FONT></SPAN></DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff size=2></FONT></SPAN>&</DIV>
<DIV><SPAN class=159525917-16042004>& <FONT face=Arial><FONT color=#0000ff size=2>1.& You don't work for my company as you claim below.& According to you, you formerly worked for a franchisee who chose to fire you for reasons which can not be determined because you repeatedly refused my requests for you to advise us who you work for so we can talk to them.</FONT></FONT></SPAN></DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff size=2></FONT></SPAN>&</DIV>
<DIV><SPAN class=159525917-16042004>& <FONT face=Arial color=#0000ff size=2>2. If you have not provided us with your name and your employers name by monday I will consider this matter closed at your request and will stop communications with you until you do so.</FONT></SPAN></DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff size=2></FONT></SPAN>&</DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff size=2>We have extended every opportunity for you to receive our help, but you have steadfastly refused it.& There is nothing more we can do until you choose to cooperate.</FONT></SPAN></DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff>>>>>>>>>> >>>>>>>>>>>>&g t;>>>>>>>>>>>> </FONT></SPAN></DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff></FONT></SPAN>&</DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff>So now I walked down to the franchise and provided this fellow's number to the owner and asked him to call the fellow.</FONT></SPAN></DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff></FONT></SPAN>&</DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff>When I spoke to him today, and another time earlier this week, he was trying to say he didn't fire me for not having a number (which is the reason he stated when he sent me walking). He said it was because I wouldn't fill out the tax forms. Which is untrue. I was told I could take those home and fill them out and bring them back the next day. So he's attempting to change his story. He also was trying to talk like I was never hired, saying he "didn't hire me because I wouldn't fill out the forms." </FONT></SPAN></DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff></FONT></SPAN>&</DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff>All this over a MINIMUM WAGE JOB!!</FONT></SPAN></DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff></FONT></SPAN>&</DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff>Perhaps I should just give up on this. I'm getting quite discouraged. The franchise already hired someone else in my stead. He said he talked to the IRS about it and they want me to fill out some form, which he said he's going to try to get, and then if he ever needs anyone, I"ll be "the first one he hires." I have electric and internet bills to pay and could have had the money a long time ago had I just given in on this one thing. I don't want to be identified with this number any longer, however, I'm finding it very difficult to get by without using it. After all, if and when I go to apply for a driver's license (which I was told I needed to for another job at a hardware store) I would need to supply the strawman's number for that as well, even though it says right on these cards "not for identification" or something to that effect. </FONT></SPAN></DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff></FONT></SPAN>&</DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff>I have great respect for all of you freedom fighters out there who are actually making a difference in this country. I sure would love to be able to do the same. Obviously my knowledge of the required weaponry is lacking.</FONT></SPAN></DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff></FONT></SPAN>&</DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff>Freedom, Love and Peace to you all! Keep fighting the Good Fight!</FONT></SPAN></DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff></FONT></SPAN>&</DIV>
<DIV><SPAN class=159525917-16042004><FONT face=Arial color=#0000ff>goldphoenix</FONT></SPAN></DIV></DIV>
)...
)... jon
