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How to politely decline when asked for paystubs without an official offer ? | Fairygodboss
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Priyanka Pakki
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Lisa
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363
Nurse, Technology Writer, Healthcare Executive
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I suggest consulting with an attorney yourself prior to responding. As I mentioned in response to a few other comments, it is illegal in New York to ask for prior salary information (this law was passed a few years ago with the intent of increasing equitable pay for women). As a hiring manager, I had to go through extensive HR training about this, so it is hard for me to believe the attorney for this company is unaware. If the intent in asking is to confirm you are legally eligible to work for the organization, there should be other ways of providing that information. Again, an attorney should be able to advise you on how to proceed.
Kimberly Johnson
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All offers I've received have included language that stated the offer was contingent upon whatever background/security check coming back clean. I would get the final letter of approval once all checked out. Even if that letter was right before my start date.
Noreen Whysel
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The HR department at your former company should be able to produce a letter confirming your employment dates. Paystubs have personal data besides salary that is no ones business to know. This makes me angry. I once had a coworker from Ireland who wanted to quit her job. Our manager told her that in the US you were supposed to give two weeks notice and she didn’t want to stay that long. It’s customary for sure but he made it sound like a requirement. NYC is an “at will” jurisdiction. She could quit today, I said. People will say anything and take advantage if they think the other person is too naive or unknowledgeable. And the legal department! I’d make this decision really carefully. I hope your management team is more respectful.
Noreen Whysel
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This is an illegal request. You can’t ask for evidence of prior salary in New York. You can’t ask for prior salary period.
Lisa
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Nurse, Technology Writer, Healthcare Executive
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Yes, thank you for bringing this up. I also work in New York and went through extensive training by our HR department when that law was passed. It is absolutely illegal to ask for evidence of prior salary.
Kerry Roper
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55
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What law says you cannot TRY to determine someone's prior salary in the recruiting process? Only in NYC? I should be arrested, because I am totally guilty. How can this law be enforceable? "Ma'am, I overheard your adding machine, were you trying to guess someone's prior salary?" As for the OP, I would definitely not send a pay stub, I would ask if there are any other documents they can use to determine your eligibility to work there. The only reason they ask for it, is to try to get info on your prior salary, in the GUISE of determining your eligibility to work in the states. They are hoping you are desperate enough to send a copy with nothing blacked out, no edits, without even thinking about it.
Lisa
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Nurse, Technology Writer, Healthcare Executive
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Actually, in New York State it is illegal to ask about someone's prior salary before hiring. That law was passed in the last few years in an effort to increase pay equity for women.
Priyanka Pakki
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Thank you Kerry. Yes, I think they believe I am desperate to send them a copy of pay stubs. I am going to figure out a way to decline.
Kerry Roper
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Best wishes on your search, Priyanka. After reading some other replies to this, I have to guess that if they haven't negotiated salary yet, it HAS to be why they want a pay stub specifically. Like I've said before, there are lots of good opportunities out there for people willing to take a risk, new people, new germs.
Purnima Koustubhan Montagne
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Kerry - your snarky sarcasm aside, a simple google search will help you learn the answer to your question. It is illegal to ask or try to find out someone's salary in many jurisdictions and NYC is one of them. Please don't troll my comments.
Purnima Koustubhan Montagne
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Are you going through a recruiting firm or dealing directly with the Bank. In NYC it is AGAINST THE LAW for an employer to try to figure out your previous salary. Everything asked for above is part of on-boarding which is only AFTER the offer is made by them and accepted by you. As other commenters noted, offers are typically contingent on passing background and eligibility checks but I have never asked for this information before an offer was made.
Priyanka Pakki
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Directly working with Investment bank in NYC. I am very confused with the request from the legal department of the new company. I will decline to send across my pay stubs. But can I refer them to something that is officially written somewhere that it is not legal for potential employer to ask for pay stubs.
Devyani Kar
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15
Climate Adaptation and Coastal Scientist
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I was on an H1B visa status once and they don’t need paystubs to prove your eligibility to work. Send them a copy of your EAD or other immigration documents. It does sound strange to ask for paystubs without an actual offer. (Have you negotiated a salary already?)
Priyanka Pakki
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Devyani, not yet and that is why it is very frustrating. I did speak to my hiring manager and he said it is normal process to verify immigration eligibility before they send out offer letter. I am very upset and confused with this process. I can send them my H1B & I140 copies but not sure If I should send them my pay stubs. Any thoughts on how I can politely decline?
Devyani Kar
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Climate Adaptation and Coastal Scientist
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Are you working with a recruiter or their HR? Maybe ask them what other documents can be submitted in lieu of the paystubs? Can your lawyer step in?
Priyanka Pakki
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I am working with the Hiring manager. And this request has come from legal department. I dont have a lawyer :(
DarlaM
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283
I have worn many hats in different industries.
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This is normal going to work for a bank, at least these days it is. I was finger printed and thorough background check done before actual formal job offer given, just verbal. You are going to be going to work for bank with access to millions of people's personal and financial information.
Kerry Roper
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You know, this is a really good point, bank employees have to be screened and clearance on multiple levels has to be earned, so I imagine the process is long and tedious. Still, there has to be a more secure and more valid way to determine your eligibility to work in the US than a copy of a pay stub.
DarlaM
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If a previous employer is not able to verify you, they will ask for other proof like paystubs or tax returns to verify you are who you say you are and you did in fact work for that or those companies.
Anonymous
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This sounds fishy to me. Why can't they just verify from your previous/current employer that you're eligible to work? Or isn't there a government agency that can confirm your eligibility? Wanting to see your stubs sounds like they're looking for your salary, which is illegal to ask (at least in my state, and others). I would say "I've been advised not to share pay stubs, at least until there's a signed offer." (and that offer must have a salary included). But I can provide my eligibility in other ways (as long as you can). I wish you luck. This sounds like a tough spot to put you in.
Barb Hansen
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There is a government process to confirm eligibility but it requires that you provide your visa number. Generally that service is used by HR on your hire date as they work through all of your paperwork to hire you.
Barb Hansen
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I too work in the US under a visa and I have never been asked to provide "proof" prior to working in the US prior to an offer being made. I have been asked "are you eligible to work in the US?" to which I respond "yes" and I bring my green card with me to work on the first day for them to confirm. I would not provide bank statement (proof of education) but I would show my visa if asked (although my word should be good enough)
User edited comment on 11/20/20 at 3:28PM UTC