Legal Question in Employment Law in District of Columbia

Privacy and past income information

Can a potential employer request an applicant's W-2 form or tax forms in determining salary?


Asked on 12/27/02, 11:47 am

1 Answer from Attorneys

Re: Privacy and past income information

I am not aware of any specific law that prohibits an employer from requesting or mandating that an employee submit tax forms to verify income. Such a practice is certainly unusual and may constitute a privacy violation, but it is not a clear cut case and would probably not be worth testing in court. (Unless you refused, were denied the job, and sustained significant monetary damages.)

From a practical standpoint, if you want the job, simply ask the employer (perhaps their HR division) if you can submit other proof, such as past paystubs, or if you can have previous employers verify the past salaries. You can certainly make the case that tax records include more information than is necessary to verify income and are private.

In any event, if you submit any documents, you can make copies and black out all information other than the required salary info. That will of course protect your privacy.

For more information, you can contact the Maryland Department of Labor and ask your question. Their site is http://www.dllr.state.md.us.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 12/27/02, 3:00 pm


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