Can a potential employer ask for a copy of my current W-2 before making me an offer?

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Can a potential employer ask for a copy of my current W-2 before making me an offer?

I am interviewing with a company and they want to know my current salary and
bonus structure. I am happy to share that with them, but do not want to give them
copies of my W-2. Do they have a right to demand copies or is it my right to not
share them if I don’t want to?

Asked on March 2, 2017 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your prospective employer can ask you for this information. You, however, don't have to share this information but probably won't get hired if you don't. The fact is that most employment is at will" which means that a company can set the conditions of employment much as it sees fit (that is unless it constitutes some form of legally actionable discrimination).


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