Is This Situation Even Legal?

Question

Hi everyone. Quick question. My friend has been offered a job as an agent at a real estate company and the prospective employer asked him to bring in his most recent W2 during the next meeting they have. Is that legal for them to ask him to show this document? I'm not sure about the rules... Thank you!

Shannon K. · Answer

Yes, there is an HR dept.  I also found it weird that they asked, however, I suppose he will learn more of what they are asking when he goes in on Friday.  Thank you all!

Ivy Wang · Answer

Does the company have HR? If yes, HR should have been able to verify all that information. If the position isn't salaried, there's really no reason for them to ask for W2s. Even if it is salaried, it's uncommon to ask.

Shannon K. · Answer

I'm unsure if he will have a salaried position. Correct, he is a licensed agent... He needs to hang his license with a broker and is being offered employment there. Sorry, I'm not an agent--I'm unsure of what the proper terminology is. The company is a nationally-known company so I assume its fine. It just caught him off-guard being asked to show a W2 and I was unsure also. He thought the company might have been thinking he was not being truthful about his previous compensation...

Ivy Wang · Answer

Yes, it's legal. Does your friend have to provide it? No. I don't see why his most recent W2s are relevant working as a real estate agent.

Also, your friend wasn't offered the job. If your friend is licensed, he is a real estate agent. Whether he can practice or not depends on whether his license is hung under a broker. We are usually considered independent contractors, very rarely employees (unless he's being offered a salaried position).

Christopher Phillips · Answer

@Shannon K.

From an HR standpoint... Yes, it's legal.

Should your friend do it? If it's a reputable company and they just want to verify recent income/employment, then it's okay.

I'm assuming this is for a salaried position, right?