Jason Hommel                                                                                                    Monday, Dec. 31st, 2001
general delivery,         Permanent Address:
Homewood, CA        12641 Anvil Road
(530) 525 xxxx         Grass Valley, CA 95945
                                  (530) 274-xxxx

Squaw Valley Ski Corp,
P.O. Box 2007
Olympic Valley, CA
96146

Dear Ron Welton,

Thank you for your prompt reply to my previous letter sent on Dec. 19th.  Although your answer was not the one I was expecting, I appreciated receiving your prompt phone call on the morning of the 21st, when you said that you would not hire me because of EDD requirements.  I assume you were trying to find out what the laws are regarding the issue of hiring someone who does not have a Social Security Number (SSN).  Further, I assume you wish to obey any and all such laws, and I respect and admire that.

After our conversation, I contacted the EDD, and Tony Sunseri of the EDD, at (916) 464-2500, told me that your understanding of the EDD requirements was incorrect, and Tony said he would call you personally to discuss my situation.

On Dec. 26th, I sent the enclosed letter to the EDD, asking for written confirmation of their procedures and legal authority in this matter.  Over the phone, Tony quoted several laws, all of which confirmed that the EDD has the authority to request (through the employer) the SSN of employees, but there is no provision to "compel the disclosure" of the SSN, nor is there any legal requirement to deny anyone employment if they do not have a SSN.  Tony adamantly and repeatedly said that if an employer denied employment to someone who did not have a SSN, that employer would not and could not be said to be acting on the basis of EDD requirements, but that such an employer would be acting on their own authority.

In fact, since the California EDD relies on Federal law for their authority, the same Federal laws regarding SSN reporting which I have already shared with you still apply, which means that the employer is simply required to ask employees for the SSN, and in the event a SSN is not obtained, the employer's only obligation is to affirm by affidavit, or statement, showing that the employer was not willfully neglectful of their legal requirements, and that the employer fulfilled their legal obligation to ask for the SSN, and if this is done, then "NO PENALTY" can be assessed to the employer.

While waiting for a written response from the EDD might be educational for both of us, I realize it is certainly not required for me to resume and continue my training and employment with Squaw Valley.  Again, all I ask is that you comply with the laws, codes, and court case decisions regarding this matter, and report to the IRS and EDD that you were unable to obtain a SSN from me.  Again, I have already supplied the Personnel department with such paperwork to help you comply with the laws.

I hope the matter of my employment with Squaw Valley can be resolved as quickly and as cheaply as possible, avoiding costly arbitration or involvement of law enforcement agencies, since my goal is to provide value to Squaw Valley with my services as a ski coach.  I again await your prompt reply, since the Masters program at Squaw could use my coaching assistance, and the delay over this tiny paperwork issue is unnecessary and inconvenient not only to me, but also to the Masters program.

Sincerely,

Jason Hommel

cc
Ron Welton, Controller
Gary Pederson, Head of Ski Services