W2 asked at interview

[LONDONDERRY]

What is the name of your state (only U.S. law)? MA

Today I had an interview at a small company in MA. During the interview, the hiring manager asked what my compensation currently is; I responded at low to mid 80's. The next question I was asked, "..can you verify it with a W2 form?" I didn't have one with me at the time. From what I'v read searching the web is its not illegal to ask that question or obtain one, but laws vary from state to state. Can anyone verfy the laws for that in MA for me as I couldn't find it?

Besides it being inappropriate, in my opinion, a W2 lists social security number, dependants, etc. Should I be reluctant to give out my w2
prior to an offer? However, this will turn into a Mexican stand off where they refuse an offer until they have the w2. In addtion, if I give a w2 prior to an offer and I didn't get the position, couldn't it be something on my w2 tipped them off.

 

[LdiJ]

What is the name of your state (only U.S. law)? MA

Today I had an interview at a small company in MA. During the interview, the hiring manager asked what my compensation currently is; I responded at low to mid 80's. The next question I was asked, "..can you verify it with a W2 form?" I didn't have one with me at the time. From what I'v read searching the web is its not illegal to ask that question or obtain one, but laws vary from state to state. Can anyone verfy the laws for that in MA for me as I couldn't find it?

Besides it being inappropriate, in my opinion, a W2 lists social security number, dependants, etc. Should I be reluctant to give out my w2
prior to an offer? However, this will turn into a Mexican stand off where they refuse an offer until they have the w2. In addtion, if I give a w2 prior to an offer and I didn't get the position, couldn't it be something on my w2 tipped them off.

Your W2 itself doesn't list your number of exemptions, the header to the W2 copies might, but one of the W2 copies does not. What it does show is your wages, your withholding, how much your health insurance costs, whether or not you contribute to a retirement account, whether or not you contribute to a Health Saving account, whether or not you have a dependent care account, and possibly whether or not you contribute to an employer sponsored charitable organization.

None of those things should be particularly relevant to a new employer...except your compensation.

 

[tranquility]

Most job applications I've seen include a request for your social security number. If you're looking for a job in the $80k range, they are going to know your personal information before making a firm offer. They will probably do some type of background check and may ask for some bodily fluids as well.

The form does not list the number of dependents, but the number of exemptions (in some cases). This should not be a "Mexican stand off". If the company is reputable, give them the W-2.

 

[justalayman]

ask if you can redact irrelevant information that you do not wish to disclose to them. I would not see that as a problem for the prospective employer.


Do you have a reason for not wanting to support your claim your current compensation?


tranquility:

I believe it is actually illegal to demand a SS# prior to hiring. I would have to check though to support that. A prospective employer has no legitimate purpose for your SS#.

 

[FlyingRon]

Most job applications I've seen include a request for your social security number. If you're looking for a job in the $80k range, they are going to know your personal information before making a firm offer. They will probably do some type of background check and may ask for some bodily fluids as well.

The form does not list the number of dependents, but the number of exemptions (in some cases). This should not be a "Mexican stand off". If the company is reputable, give them the W-2.

As LDIJ points out it shows NEITHER the dependents or exemptions directly. You might intuit the exemptions from seeing how much federal tax withheld vs. gross income there is.

 

[tranquility]

tranquility:

I believe it is actually illegal to demand a SS# prior to hiring. I would have to check though to support that. A prospective employer has no legitimate purpose for your SS#.

While frowned upon in most cases, it is not illegal from anything I see. Even in MA, the employer may ask. (Although the employee is not required to give it up. I wonder which pile such a person would end up in--for other reasons of course.) In MA, there is a data security law that would require the employer to inform the applicant of a data security breach because the number is combined with the name and some HR departments don't want that responsibility so don't ask for it until later in the process. (Here, we are past the application stage, they guy had an interview.)

Other states may be different and the true answer is all over the map, but I don't see the laws on making it illegal as a general rule and certainly not at this stage where a real hiring decision is going to be made.

 

[cbg]

I am in MA and I can confirm that it is legal to request a W-2 to confirm past salary. I see no reason why you should not be able to redact your SSN before giving it to them.

 

[justalayman]

While frowned upon in most cases, it is not illegal from anything I see. Even in MA, the employer may ask. (Although the employee is not required to give it up. I wonder which pile such a person would end up in--for other reasons of course.) In MA, there is a data security law that would require the employer to inform the applicant of a data security breach because the number is combined with the name and some HR departments don't want that responsibility so don't ask for it until later in the process. (Here, we are past the application stage, they guy had an interview.)

Other states may be different and the true answer is all over the map, but I don't see the laws on making it illegal as a general rule and certainly not at this stage where a real hiring decision is going to be made.

Ah, I said demand, not request.

 

[tranquility]

And, which pile do I put the application on if it is incompletely filled out? There is a lot less protection for those who are not yet hired. No way would a person be able to prove they were not hired because they didn't follow my "request".

Still, we're at a later stage than the application. This is a post-interview stage.

 

[commentator]

I spent many years in federal and state situations involving employment, and referral of clients to employers, and the social security number of the prospective employee wasn't ever something they refused to provide, or that the employer made much of having.

But in all my years, I don't think I've ever before heard of a prospective employer demanding to see the the interviewee's W-2 on their past or present job. My HR compadres here may tell me it's an ordinary thing, but I just find it suprising, and I would be feeling a little hinky about this employer asking this question. If it's a small employer, and they are interested in this much detail, this could mean they're overcontrolling and really nosy. I'd handle it with kid gloves and be extra wary. Certainly you can offer to get them a copy, with redacted information.

Nobody's going to involve you in a "Mexican stand off" ergo "Give us the W-2 or we cannot hire you!" because there's really no reason for them to have it, except to prove you gave them correct information about your current salary, demonstrating, I suppose that you are being honest with them. But if you get up in arms and say, "No way, Jose, I don't give out my personal info to anybody!" they probably won't hire you. And you have probably not missed anything you wouldn't want to miss.

 

[cbg]

HR perspective - it's not standard, but it's by no means a one-off either. I've heard of it, but not frequently. Will almost guarantee this particular employer has had one too many applicants inflating their salary to push up the starting rate, and is now looking for confirmation of actual numbers. That's how it usually comes about. I don't see this as necessarily a sign of shady practices. Maybe a bit aggressive, but that's all.

 

[LONDONDERRY]

I want to thank everyone for the advise it was very helpful. I just wanted to ask this question because I've been on my fair share of interviews and all so on the other side of the table as well and I've never came across or heard of this type of question before.


Thanks
Frank