Wednesday, September 30, 2009

Is it illegal for a prospective employer to request your pay stubs?


It is not illegal in the U.S. because information on your pay stub do not mention anything in relations to your civil rights. This said, there are two exceptions:

1. if your pay stub gives information about your marital status or the number of dependants in relations to your medical benefits. This is equivalent to asking you if you are married or if you have children. This information can also be deduced from your tax filing status

2. if the job you used to have is essentially/materially different from the one you are applying for. This is equivalent to asking you a question that is not work related.

This said, if potential employers insist on former pay stubs, there is nothing forbidding you from deleting what you don't want them to know. For instance, you can black out any or all information related to your medical plan or tax filling status.

Remember that your pay rate, your job title, your name, your social security number, your start date and your final date are not privileged information.
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