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Is it legal to ask an applicant for their W-2 prior to an offer of employment?
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W-2

posted at 4/8/2011 12:02 PM EDT
Posts: 56
First: 8/7/2001
Last: 4/8/2011
Is it legal to ask an applicant for their W-2 prior to an offer of employment?
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W-2

posted at 4/8/2011 12:23 PM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
It is not illegal to make this request.

Just make sure that this is your normal practice and that you are not just asking for it from a member of a protected class.....
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W-2

posted at 4/11/2011 5:48 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
I would have a very good solid business reason for doing so. And know what you are planning on doing with the information.

Are you trying to verify previous earnings? If so, there could be some non-taxable pay not in W-2 compensation. Are you trying to verify employment?

It's not illegal, but I know many applicants who would balk at providing this. It almost comes across as a violation of privacy. I personally think there are better ways to get the information. And with the fact that any Joe can go to Office Depot and pick up a pack of W-2s and use an old-fashioned typewriter to fill it out anyway they want to, I am not sure this would be any more fraud free than other info they have given you (resume/application, etc).
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W-2

posted at 4/11/2011 7:18 AM EDT
Posts: 45
First: 1/13/2011
Last: 4/14/2011
I have always refused to do this or provide this. I don't work in sales so my past income is irrelevant to a new position. If it becomes a deal breaker for a potential employer then I believe it is their loss.
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Re: W-2

posted at 6/4/2012 3:05 AM EDT on Workforce Management
Posts: 18
First: 6/4/2012
Last: 9/27/2012
If the requirement is there then i dont think so its illegal.
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Re: W-2

posted at 6/4/2012 8:00 AM EDT on Workforce Management
Posts: 13
First: 2/6/2012
Last: 8/30/2012
Hi:
I'd recommend ensuring you're not inadvertently violating state law that are not focused on W-2s per se.   For instance, under Utah law, employers cannot ask a job applicant to provide their SSN until either a job offer is tendered or the applicant provides consent at the point in the application process where the employer would be required to conduct a criminal background, credit or MVR check .      Since SSN is part of the W-2 information, timing of the request is important under Utah law. 

I trust this information is helpful. 

Dave Arnold, Ph.D., J.D. 
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