Legalities and Privacy in Salary History Discussions: What You Need to Know

When the topic of salary history comes up in job interviews or employment discussions, there is often confusion around what is legalbr / and what rights individuals have to protect their privacy. This article aims to clarify these issues and provide guidance based on current legal standards and practices.

Is It Legal for Employers to Ask About Your Salary History?

Yes, it is legal for employers to ask about your salary history. However, it is also legal for you to refuse to disclose this information. If an employer is interested in your salary history, it is perfectly within your rights to politely decline to provide that information. Here are some ways to handle the situation:

Tell them that you have a Non-Disclosure Agreement (NDA)br / or a Confidentiality Agreement with previous employers that legally prevents you from disclosing such information. State that it is none of their business and that privacy laws prevent them from finding out such information. Lie, if you feel comfortable doing so, since it is ultimately none of their business. Tell them that you are willing to discuss it if they think it is legitimate.

Legality of Terminating Employment Over Refusal to Disclose Salary History

No, it is not a legal reason to terminate someone for refusing to disclose their salary history. However, in some regions, employers may have broader discretion, particularly in third-world places. Nonetheless, in most legitimate jurisdictions, the termination of employment over this refusal would likely be seen as unjust and may be subject to legal challenges.

Would they ask? Probably not, as there is virtually no point. However, if they did, you could confidently refuse and stand firm in your stance. Employers should respect your privacy and the laws that protect it.

Protected Information and Employment Contracts

Your current employer can only find out about your salary history from the start date of your employment contract with them. This information is typically held by the payroll department and can be provided if requested for legitimate purposes. No special laws are needed to regulate such requests.

Moves to control and regulate salary history discussions are increasing in many regions. Previous employment contracts and salaries are not for your boss to find out about unless you choose to share them without feeling under duress. The salaries were agreed upon between you and your previous employers and were considered private and confidential information.

Your boss may threaten legal action for the non-disclosure of previous salary information, but such a court case is unlikely to proceed because the employer would need to prove why they need this information. Any reason given to the courts is unlikely to justify the disclosure of salary details.