Palm Bay, FL asked in Employment Law for Florida

Q: When applying for a job in Florida can i be retaliated against for refusing to answer questions about past salaries?

To my knowledge, Florida is not a state with legislation that enforces a salary history ban, so a potential employer has the right to ask about past salaries in the.

I also understand I have to right not to answer these questions but I am unaware as to weather there are protection in place against reprisal?

My expectation is no, and I understand that even if protections were in place there's a chance that, unconsciously or otherwise, refusal to answer these questions would likely impact a hiring managers decision.

I just wanted to be proactive and take the time to fully understand what rights / options are available to me if the situation were to arise.

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2 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Normally I do not answer "what if" questions on the Internet asked by people I know nothing about; why? Because there are way too many unknowns, and because lawyers are not soothsayers.

However, this question intrigued me; and it makes me want to ask you why you are asking for rejection when applying for jobs.

Answer: There is no statutory prohibition against employers asking for your salary history;

nor is there any statutory requirement that you must answer the question (and all others);

nor is there any statutory protection for you if you do not answer.

Simplified conclusion: Unless you answer this relevant question--and all others truthfully--the likelihood of getting the job is very very low.

There is only one thing worse than refusing to answer relevant questions on employment applications: Lying.

Eva Zelson
Eva Zelson
Answered

A: It is not considered retaliation if a company does not hire you because you do not answer the questions on their application. If you do not answer their questions, the employer may feel they have an incomplete picture of the candidate and decide not to hire. However, this is not considered retaliation or discriminatory, so it is not illegal. Good luck to you in your job search.

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