Hickenlooper's eateries didn't verify Social Security numbers

Ann Imse, Rocky Mountain News

Published May 12, 2005 at midnight

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Mayor John Hickenlooper's restaurants followed immigration law by checking the identification of murder suspect Raul Garcia-Gomez - but didn't know the IRS wanted restaurant managers to verify new hires' Social Security numbers, a spokesman said Wednesday.

"The IRS has never called us," said Mark Eddy, spokesman for Wynkoop Brewing Co., the parent company of the mayor's restaurants. Garcia-Gomez worked for one of those restaurants, the Cherry Cricket.

"We are in the process of reviewing our policies," Eddy said. "We want to do what's right. I would imagine there will be some changes."

Eddy said the company made copies of Garcia-Gomez's Social Security card and resident alien card, thus meeting the requirement for checking two forms of ID. But it never called the Social Security Administration to verify that the Social Security number was his.

"As far as I can tell, we were not aware of the requirement," Eddy said.

The company did receive an annual notice from Social Security listing incorrect numbers for about 100 employees, including Garcia-Gomez's, five weeks ago. The company employs 700 to 800 workers over the course of a year.

But "the letter specifically stated you cannot harass the employee," only tell him to get the discrepancy cleared up with Social Security, Eddy said.

The company, he said, is sensitive to that discrimination issue.

The employees whose Social Security information appeared incorrect work or have worked at eight of the company's nine restaurants. The Wynkoop in lower downtown is the only restaurant that appeared to have a clean slate, Eddy said.

Restaurant owners constantly find themselves in a gray area, said Peter Meersman, president of the Colorado Restaurant Association.

Employers try to do everything they can to make sure they're obeying federal law without discriminating against prospective employees, Meersman said.

"The criteria for determining if something is bogus is if a reasonable person would think that the documents given to them appear on their face to be legitimate," Meersman said.

"We're not detectives, and business owners aren't expected to be. If the documents look like they're on their face to be genuine then they have to be accepted. In fact, they can't be turned down."

Restaurant worker provided ID forms

Slaying suspect Raul Garcia-Gomez produced these identification cards when he applied for a job at the Cherry Cricket restaurant last year.

Restaurant spokesman Mark Eddy said that restaurant managers followed the letter of the law and required Garcia-Gomez to provide two forms of identification.

Managers placed a copy of the cards in his employee file, as well as an I-9 Immigration Naturalization Service document as required.

The documentation provided by Garcia-Gomez appeared to be legal and legitimate, Eddy said.

Restaurant owners learned last month that the Social Security number Garcia-Gomez provided did not match federal records.

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