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Guru_Guy, Lawyer
Category: Criminal Law
Satisfied Customers: 2418
Experience:  Attorney trained in criminal law matters, and many years of advising on such matters..
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Can a prospective empolyer request proof of previous ...

Customer Question

Can a prospective empolyer request proof of previous earnings from a candidate being considered for hire?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Guru_Guy replied 8 years ago.
There is no specific legal prohibition on what an employer may request from an applicant. While an applicant cannot be required to release such private information, since an employer can make a hiring decision based on just about any non-discriminatory standard it wishes, an employer could be release of such information contingent to being hired.

Most employers are concerned about the types of information they request because it could mean they are using discriminatory criteria in their hiring decisions. But proof of previous pay does not indicate any discriminatory motivation.

I hope this helps!


Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.
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Customer: replied 8 years ago.
Thank you. I would like some clarification on your sentence...

"an employer could be release of such information contingent to being hired" -- please clarify?
Expert:  Guru_Guy replied 8 years ago.
Sorry, I meant to say "an employer could make the release of such information contingent to being hired". In other words, the employer has the right not to hire an applicant who refuses to provide the information.
Customer: replied 8 years ago.
Thanks for the clarification.
Expert:  Guru_Guy replied 8 years ago.
Glad I could help, and thanks for the accept. I hope you will leave positive feedback for me if I answered your question satisfactorally. I'm always happy to take follow ups if you need any further clarification or have any questions about my answer.

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