Nathaniel M. Glasser, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC, office, was quoted in SHRM.org, in “Asking Job Applicants for W-2 Forms Is Risky Business,” by Lisa Nagele-Piazza.
Following is an excerpt:
“No federal law prohibits an employer from requesting a W-2 to verify past employment or salary history,” explained Nathaniel Glasser, an attorney with Epstein Becker Green in Washington, D.C. He noted, however, that certain state laws may ban such inquiries or prohibit employers from asking for the information found on the form. …
“Because of the potential pitfalls of asking for W-2s—and other tax documents—to verify past employment or salary history, I generally recommend against requesting this document as part of the recruiting process,” Glasser said.
