Disclose compensation as part of lateral application?

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glloq17

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Disclose compensation as part of lateral application?

Postby glloq17 » Thu Feb 07, 2019 11:19 pm

I am at a boutique making significantly below market, looking to lateral to a firm that pays market. They are asking me to disclose my current comp. I’m concerned that they will lowball an offer (if I get one) if I disclose. Recruiter says I need to disclose. Am I shooting myself in the foot if I do?

TUwave

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Re: Disclose compensation as part of lateral application?

Postby TUwave » Thu Feb 07, 2019 11:30 pm

Market is market for a reason.

When I went from state gov't to Biglaw, I listed my $50,000 salary proudly. They still quadrupled my salary even though I told them I was basically living in squalor.
Last edited by TUwave on Thu Feb 07, 2019 11:49 pm, edited 1 time in total.

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Guchster

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Re: Disclose compensation as part of lateral application?

Postby Guchster » Thu Feb 07, 2019 11:49 pm

glloq17 wrote:I am at a boutique making significantly below market, looking to lateral to a firm that pays market. They are asking me to disclose my current comp. I’m concerned that they will lowball an offer (if I get one) if I disclose. Recruiter says I need to disclose. Am I shooting myself in the foot if I do?


Is it lockstep market? If so, I wouldn't be worried about being lowballed as long as you're not at risk for being demoted in class year. it's weird they're asking for your salary if they are lockstep....maybe it's annoying HR box checking?

If it's black box comp, I'd be more cautious and probably push back. Happy employers are banned from asking about prior salary in my state 8)

kaiser

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Re: Disclose compensation as part of lateral application?

Postby kaiser » Fri Feb 08, 2019 12:46 am

glloq17 wrote:I am at a boutique making significantly below market, looking to lateral to a firm that pays market. They are asking me to disclose my current comp. I’m concerned that they will lowball an offer (if I get one) if I disclose. Recruiter says I need to disclose. Am I shooting myself in the foot if I do?


What state are you located in? Keep in mind that, in certain jurisdictions, its against the law for a new employer to require you to disclose your prior salary. For example, employers in NYC cannot ask that question.

RaceJudicata

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Re: Disclose compensation as part of lateral application?

Postby RaceJudicata » Fri Feb 08, 2019 8:30 pm

kaiser wrote:
glloq17 wrote:I am at a boutique making significantly below market, looking to lateral to a firm that pays market. They are asking me to disclose my current comp. I’m concerned that they will lowball an offer (if I get one) if I disclose. Recruiter says I need to disclose. Am I shooting myself in the foot if I do?


What state are you located in? Keep in mind that, in certain jurisdictions, its against the law for a new employer to require you to disclose your prior salary. For example, employers in NYC cannot ask that question.


So what should OP do about it if it’s illegal? Report them?

Op- If it’s a market firm, then you’ll get paid market. Just don’t lie.

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Guchster

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Re: Disclose compensation as part of lateral application?

Postby Guchster » Fri Feb 08, 2019 9:04 pm

RaceJudicata wrote:
kaiser wrote:
glloq17 wrote:I am at a boutique making significantly below market, looking to lateral to a firm that pays market. They are asking me to disclose my current comp. I’m concerned that they will lowball an offer (if I get one) if I disclose. Recruiter says I need to disclose. Am I shooting myself in the foot if I do?


What state are you located in? Keep in mind that, in certain jurisdictions, its against the law for a new employer to require you to disclose your prior salary. For example, employers in NYC cannot ask that question.


So what should OP do about it if it’s illegal? Report them?

Op- If it’s a market firm, then you’ll get paid market. Just don’t lie.


Reporting them is mad petty, lmfao. If it's prohibited by law, like in Cali, I would use that as justification for declining to disclose my current salary to the HR person asking for it.

But yes, depending on the jdx, if they reject you REPORT THEM :twisted:

kaiser

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Re: Disclose compensation as part of lateral application?

Postby kaiser » Sat Feb 09, 2019 7:34 pm

RaceJudicata wrote:
kaiser wrote:
glloq17 wrote:I am at a boutique making significantly below market, looking to lateral to a firm that pays market. They are asking me to disclose my current comp. I’m concerned that they will lowball an offer (if I get one) if I disclose. Recruiter says I need to disclose. Am I shooting myself in the foot if I do?


What state are you located in? Keep in mind that, in certain jurisdictions, its against the law for a new employer to require you to disclose your prior salary. For example, employers in NYC cannot ask that question.


So what should OP do about it if it’s illegal? Report them?

Op- If it’s a market firm, then you’ll get paid market. Just don’t lie.


If it were me, what I would do depends on how I view my current salary. If I feel like I'm currently underpaid and am shooting for higher pay, I have much less incentive to want to disclose prior salary. But if I'm just looking to make a lateral move from one market rate firm to another and get paid fairly as is, I would likely disclose. In the event I decline, I would politely remind them that it is not legal to request prior salary info in X state/city. I would do it tactfully, and transition right into positives about why my salary demand is fair based on my skills and experience.

As an employment lawyer, I'm not getting into when/if to report an employer for asking this question or acting on the answer. If OP is genuinely fearful that disclosing his/her salary would lead to a lowball salary offer (and assuming OP lives in a jurisdiction where such inquiries are actually unlawful), its best to speak with an employment lawyer first.

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Sprinkler

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Re: Disclose compensation as part of lateral application?

Postby Sprinkler » Sat Feb 09, 2019 9:39 pm

Even when you’re applying for a position offering less money than you are currently making…. the question is troublesome.



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