Can a potential new employer ask for past income records/returns legally?

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Can a potential new employer ask for past income records/returns legally?

New employer wants to see 2 years income records for a new position.

Asked on January 16, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is completely legal for an employer to ask for this. Employers are free to determine the documentation they require from job applicants (so long as they are not discriminating in what they require of whom on the basis of race, sex, religion, age over 40, or disability). While they can't "force" you to give them this documentation, they also do not have to consider you for the job or give you the position if you will  not provide it; you are  free to not provide it, taking the chance then that you won't get the job.


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