Is it legal for a potential employer to ask to see a paycheck as proof of salary?

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Is it legal for a potential employer to ask to see a paycheck as proof of salary?

I am contemplating leaving my current job to return to my former employer. My former employer has agreed to match my current salary, but has asked to see my paycheck as proof. Is that legal?

Asked on October 5, 2011 under Employment Labor Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

Yes this is legal. Unless there is some prohibition in place (i.e. employment/union contract, company policy or the like), this is a perfectly permissible request for an employer to make; they have a great deal of discretion is setting the terms of employment. Therefore, unless, there is some form of actionable discrimination involved (i.e. you are the only one being asked to do this because of your race, religion, national origin, etc), no law is being violated.

Of course, you are free to object but it will probably cost you your job.


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