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hiring process - employer requesting a total of 7 years worth of tax documents.

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

Good evening all,

I am already aware that it's not illegal for an employer to request W2/1040 information during the hiring process, and that it's pretty standard these days, however I still have a couple questions if I may.

I've applied for a position at a company that I worked for in 2013. It's the exact same position I previously held there, and I had left on good terms.

During the hiring process the company's investigative unit (the one conducting the background check) inquired about an entry on my credit report (a balance that was the result of a foreclosure). I explained that the property was awarded to my ex who was never able to refinance it in her own name, and it was eventually foreclosed. I also explained that the 2006 divorce decree stated she was responsible for the property and that she is not to hold me liable for any expenses related to it. [edit: I realize the creditor can still pursue me for that balance]

I was asked to provide copies of my 2008-2010 tax returns as well as the divorce decree. They stated that they just wanted to make sure the situation is as I described. So I complied. Now they're back again asking for my 2011-2014 returns. No reason given.

I should mention that none of this was asked of me back in 2013. This time around the process is entirely different as if they don't already know precisely who I am. I was recommended to HR by one of their VPs who knew of me previously.

At what point does an applicant simply say "enough"? Obviously I can say it at any time and the hiring process ends there. However it seems a bit odd that they're now asking for so much supporting information, the bulk of which pre-dates my original employment at the company. I cannot help but wonder why.

Can an employer simply keep asking for additional historical information piecemeal in this manner? Even when they had already employed you in the same role previously?

Can I ask the person conducting the background check for her reasoning/basis for the new request for additional information? Does she have to provide an answer or can she just tell me to take a hike?

I'm supposed to start next week, the VP is already making plans for my arrival, and here I have this unit playing games with one request after another.
 
Last edited:


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? MA

Good evening all,

I am already aware that it's not illegal for an employer to request W2/1040 information during the hiring process, and that it's pretty standard these days, however I still have a couple questions if I may.

I've applied for a position at a company that I worked for in 2013. The exact same position I previously held there.

During the hiring process the company's investigative unit conducting the background check inquired about an entry on my credit report (a balance that was the result of a foreclosure). I explained that the property was awarded to my ex who was never able to refinance it in her own name, and it was eventually foreclosed. I also explained that the 2006 divorce decree stated she was responsible for the property and that she is not to hold me liable for any expenses related to it.

I was asked to provide copies of my 2008-2010 tax returns as well as the divorce decree. I complied. Now they're back again asking for my 2011-2014 returns (no reason given).

First, I should mention that none of this was asked of me back in 2013. This time around it's entirely different as if they don't already know precisely who I am. Yet I was recommended to HR by one of their VPs who knew of me previously.

At what point does an applicant simply say "enough"? Obviously I can say it at any time and the hiring process ends there. However it seems a bit odd that they're now asking for so much supporting information, the bulk of which pre-dates my original employment at the company.

Can an employer simply keep asking for additional historical information piecemeal in this manner? Even when they had already employed you in the same role previously?

Can I ask for the basis for the additional information? Do they have to provide an answer or can they just tell me to take a hike?
Can an employer simply keep asking for additional historical information piecemeal in this manner?
Yes

Even when they had already employed you in the same role previously?
Yes

Can I ask for the basis for the additional information?
Yes

Do they have to provide an answer or can they just tell me to take a hike?
No, they don't. Yes, they can tell you to take a hike.
 

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