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Thu 2 Sep, 2004 01:26 pm
is it legal for a perspective employer to ask an old employer about pay information? if so is it legal for the old employer to give that information out?
The only question an ex employer can legally answer is if the person worked there and the duration of their employment.
I believe they can also ask your former employer about your job performance
There are specific Federal laws that limit a potential employer from asking about things like age, martial status, race, religion, ect.. but issues like what they can ask about a prior employer and what that previous employer can answer are based on state laws so your answer depends on where you live.
Here in MA they can ask and the previous employer can reveal your previous salary (although many won't based on company policy).
Debra Law or Jespah can probably answer more specifically and accurately, but this is my understanding:
1. Did So & So Work for you? Yes / No
2. How long or from what date to what date? Give dates
3. Would you rehire So & So? Yes / No
That's from what I remember from what we were allowed to ask when I managed a retail store. Couldn't ask details of job performance or pay.
Yes, squinney, that seems to be the extent of it in most states.
One of my former employers is very strict about the info they give out. It's just employment dates and I think they confirm either which dep't I worked in or the name of my supervisor there, possibly both. But they don't hand out any other info. I believe that's because this is a multi-state, multi-national company so they cover all the bases by being as tightlipped as possible. I also worked in what eventually ended up being a part of the Legal Department there, so there are confidentiality provisions up the wazoo. So they just give out the basics and that's it.
Like fishin' said, employment laws are state-based although of course anything re discrimination comes under federal law (not the question, I know, just offering a little lagniappe of info). Hence, there's not a lot of info we can give out without knowing (a) what state the company is in (not just which state you worked in, but which states the company does business in, as the most restrictive state may very well be the engine driving company policy) and (b) what your former employer's policies are in this area.
To find out (b), just call up and ask.
You can ask about age, however; if you have a legitimate need for the information. We have a profit sharing plan which requires the information. I do not give out wage information without a specific authorization from the employee.
nh
all the jobs are in new hampshire including the perspective/new one