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Legal question about negotiating wages

Posted on 7/2/12 at 10:10 pm
Posted by Powerman
Member since Jan 2004
170602 posts
Posted on 7/2/12 at 10:10 pm
So I'm interviewing for a job tomorrow

Do I legally have to tell them what I was making at my previous job?

I'm hoping to get substantially more money at the new place. I don't want them knowing what I made at the old place while we're negotiating wages.
Posted by matthew25
Member since Jun 2012
9425 posts
Posted on 7/2/12 at 10:19 pm to
They can.

Usually, it is on the application.

Ask them what is the range for the position, and let them know you are looking for around _______.
Posted by urinetrouble
Member since Oct 2007
20625 posts
Posted on 7/2/12 at 10:20 pm to
I'm no lawyer, but why would you have a legal obligation to disclose that information?

Now, if asked, I'm not sure how you gracefully deflect the question. I would probably just answer honestly, but emphasize why you think you deserve a raise with some well-rehearsed reasoning.

Posted by Powerman
Member since Jan 2004
170602 posts
Posted on 7/2/12 at 10:24 pm to
quote:

I'm no lawyer, but why would you have a legal obligation to disclose that information?


Well it's on the application.

And I've had people call my office before asking to look at a former employee's file and verify their pay scale. So maybe there is a legal obligation to disclose that.

At any rate I think I'd probably just tell them if they asked
Posted by LSUTigers00884
Lafayette
Member since Oct 2011
1166 posts
Posted on 7/3/12 at 12:29 am to
Company's can call and verify information such as pay? That's messed up.
Posted by Will Cover
Davidson, NC
Member since Mar 2007
39888 posts
Posted on 7/3/12 at 7:38 am to
quote:

Legal question about negotiating wages


If asked, do not answer the question specifically.

Flip the question around and back to them.

Ex. Interviewer asks, "What are you making at your current position?"

You answer, "What does this position pay?"

If pressed again, state something like "What salary range did you have in mind"?

And again ... "What do you think I am worth?"

Never give a specific number. You lose leverage when you do this.

Posted by ForeLSU
The Corner of Sanity and Madness
Member since Sep 2003
41525 posts
Posted on 7/3/12 at 8:32 am to
quote:

And I've had people call my office before asking to look at a former employee's file and verify their pay scale. So maybe there is a legal obligation to disclose that.


there's no legal obligation, in fact many large companies have strict policies regarding releasing any information on former employes, outside of a simple employment verification.

As far as the application goes, it's a tough call. It really depends on where you are in the process, if you've already established a relationship with the hiring manager you can be a little more vague. If you're worried that your former employer would release that information to the new company's HR department, you might have to think a little harder. Knowing their policy would be wise.

Posted by C
Houston
Member since Dec 2007
28159 posts
Posted on 7/3/12 at 9:04 am to
I'm pretty sure it is illegal for companies to ask other companies how much they pay their employees. They have to get a 3rd party company to survey multiple (i think 5 at a minimum) companies to get a summary of salaries.

p-man, just add in your total benefits package and give that as your salary. That's probably a good 25% higher than your base, if not much more.
Posted by frb1951
Member since Apr 2012
60 posts
Posted on 7/3/12 at 12:24 pm to
Also, don't forget to mention any sick, personal and/or vacation time per year as such is considered part of one's salary/benefits package as well as a college/education subsidy if it applies to your employment. A company vehicle or auto allowance should also be mentioned as well as any other benefits such as reimbursement of moving expenses, child care assistance, etc..
Posted by matthew25
Member since Jun 2012
9425 posts
Posted on 7/3/12 at 12:57 pm to
It is not illegal. My company verifies name(s), positions held and how long, and salary or hourly wage.

It is called "name, rank and salary number."

We do not comment on performance. This is asking for a lawsuit.
Posted by Catman88
Baton Rouge, LA
Member since Dec 2004
49125 posts
Posted on 7/3/12 at 1:02 pm to
quote:

They can.


They can what?

Posted by Catman88
Baton Rouge, LA
Member since Dec 2004
49125 posts
Posted on 7/3/12 at 1:04 pm to
quote:

Do I legally have to tell them what I was making at my previous job?


You could tell them legally that you worked on Mars. They dont have to hire you though.
Posted by C
Houston
Member since Dec 2007
28159 posts
Posted on 7/3/12 at 1:05 pm to
But that's only at the employee's request right?
Posted by matthew25
Member since Jun 2012
9425 posts
Posted on 7/3/12 at 1:13 pm to
Catman - a prospective employer can ask for your current salary.
Posted by BayouBengalinBama
Member since Jul 2005
4398 posts
Posted on 7/3/12 at 1:16 pm to
I have positions posted for a typical salary range. When I hire someone I have to know what they made as my Company will only pay 10-15% more than their previous salary.

Obviously the interviewee does not have to tell me the truth...but when the company does the background check and find out what they made..I hope they were honest.
Posted by matthew25
Member since Jun 2012
9425 posts
Posted on 7/3/12 at 1:19 pm to
Will Cover gave a good answer at 7:30 this morning.

Dance with them to see where they are headed. I have been surprised before that the Company had more $$ for the position than I initially thought.
This post was edited on 7/3/12 at 1:25 pm
Posted by Catman88
Baton Rouge, LA
Member since Dec 2004
49125 posts
Posted on 7/3/12 at 1:22 pm to
They can ask but you are not legally required to tell them anything or even the truth. They just may not offer the job.
Posted by Catman88
Baton Rouge, LA
Member since Dec 2004
49125 posts
Posted on 7/3/12 at 1:23 pm to
Here is one thing I never understood. If you are looking for another job while employed then how does a company do a background check with the previous employers? If its not a huge company there can be serious backlash on the candidate if he isnt hired.
Posted by barry
Location, Location, Location
Member since Aug 2006
51322 posts
Posted on 7/3/12 at 1:25 pm to
The only reason they want to know is so they don't have to over pay for you. I never put it and when im asked i politely refuse to answer.
Posted by ForeLSU
The Corner of Sanity and Madness
Member since Sep 2003
41525 posts
Posted on 7/3/12 at 3:11 pm to
quote:

Will Cover gave a good answer at 7:30 this morning.


no offense but that was a horrible answer more suited for buying a used car. If you don't have a job and need one, you have very little leverage unless you have a very unique skill set or access to a hard-to-get customer base, etc, especially as competitive as most job markets are these days.

If someone ask me my previous salary I would answer something like "you know, I'll consider any offer and from the research I've done it appears that your company offers comp plans similar to those I've worked for in the past"...all depends on how the conversation is going with the interviewer. Best case is you can tell they'd like to hire you but you have another offer in your back pocket to dangle in front of them.
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