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Can my potential employer ask my current employer for salary history?

Sunnyvale, CA |


Can my potential employer ask my current employer for my salary history? Basically I have given an inflated salary information (inflated by 10%) on the employment application and am wondering if my potential employer can ask my current employer for my salary history. On the employment application, I have given them permission to contact my employer but that didn't say that they will check for salary. The background check is being done by a third party company called Sterling Info Systems. Please let me know.

Thanks a lot.

In this case, my potential employer is a private software organization - not a government company.

Attorney Answers 3


Nothing in the law prohibits communications on any subject between your former employer and a prospective employer. Nothing in the law requires your former employer to communicate or be responsive with any prospective employer.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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There is no legal prohibition preventing the potential employer from asking your former employer about your salary history. However, your current employer has no legal obligation to provide any information whatsoever to the potential employer.

Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

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I do not believe the law prohibits such a question.. However, most employers will only verify that you were employed with them and the dates in my experience because of their concern over liability. It really depends though. Good luck.

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