The IRS may impose a penalty if a 1099 form is submitted without a TIN or SSN. However, the penalty will not apply if you can show the lack of information was due to an event beyond your control or due to significant mitigating factors. You must also be able to show that you acted in a responsible manner and took steps to avoid the omission of this information, such as by writing the contractor to ask for this information.
and don't use the term "employee" if they were your "employee" they are supposed to be getting a w-2 from the business, payroll taxes need to be withheld and your business needs to file payroll tax returns.
in other words get a w-9 from them before they start work. you are not responsible if they supply a false SSN or ITIN
https://www.irs.gov/pub/irs-pdf/fw9.pdf
the 1099 must be paper-filed and include transmittal form 1096
here's a link to the form
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