Possibly a lawyer question - privacy of salary?

[eSDee]

Hey all, I have a question about the law when it comes to applying for another job. This is a hypothetical as I am not looking for a job, but let's say if I was, and the place where I was applying for asked for my current salary. Do I need to worry about being 100% truthful, meaning if I tell them a salary can they call my company to verify what my salary is? If so, would you think it misleading to include your bonuses in the listing of the salary? I am wondering if there is any law that protects the privacy of a person's salary, or if it is free game when applying for another job.

Thanks mucho.

[Burzhui]

when you gie them your salary, you will sign a waver saying they can run background checks on you... so they can check

[zippyjuan]

I can't say about legality, but sometimes they will consider if you are (or were) making a fair bit more than they pay that you might not stick around if they hire you. I considered a career change but had troubles getting some places to even look at me because of the pay cut I would start out at (I don't make tons of money and was willing to work up to what I presently get), but they would not even interview me because they did not think I would stay. If you have the option, don't say it until you have to. If they do a check with your current employer, I believe they can tell someone is that yes, you worked there and the dates.

[Kevster]

Legally in California (may be different for other states) an HR representative can only verify the dates that you were employed there. If they say anything else that might affect the former employee's chances of getting hired at the new company, they open themselves up to a lawsuit from their former employee.

It is therefore in their best interests only to verify the facts and not give any opinions whatsoever that may be misinterpreted and can come back at them in the form of a lawsuit. That said, your previous employer will/can not verify compensation. Again, it is major lawsuit territory.

[Jeffbx]

They asked me this in one of my past jobs & I inflated the figure so I would have a better bargaining position. They asked me for a previous paycheck so they could verify the figure, but I conveniently forgot to bring it each time they asked. Made me a little nervous, but they dropped the issue & I got the job (with a pretty respectable 30% increase from my previous employer).

One of the tips I always hear is to never give the salary range you're looking for until you know what they're willing to offer. Of course, they're doing the same thing to it can get to be kind of a standoff. But you don't want to ask for 50k if they're willing to offer 65. They will almost always come right out & ask, so it's a little tricky steering the conversation away from that, only to come back & ask them the same question. But if you can do it, you might be much better off.