When verifying a sales or go-to-market (GTM) candidate’s job and compensation history, should you request a W2? The short answer: it’s usually not worth the risk. While validating past employment and salary is important—especially in the tech industry where market uncertainties impact the talent pool—requesting such sensitive information introduces significant complexities and pitfalls.
In this blog, we’ll explore why hiring managers might consider asking for a W2, the challenges it presents, and how partnering with a recruiting agency like Betts can provide a better solution for verifying job and compensation history.
Why Ask for a W2 When Hiring
The Importance of Validating Job & Salary History
In tech hiring, especially for sales positions, validating a candidate’s experience is critical. Resumes often include exaggerations, particularly in sales roles where metrics like commission attainment are crucial indicators of success. Without verification, hiring managers risk making decisions based on inaccurate or inflated information, and that is even if your org has a recruitment team.
The “George Santos Problem”
Back in 2023, we used the case of then-Congressman George Santos as both an example and an analogy for dealing with the fallout of a candidate who misrepresents their employment history. While this is an extreme and partly comical example, it is very likely that some of Santos’ lies about his career experience did contribute in some way to allowing him to commit the scale of fraud he was ultimately convicted of in 2024. The case of Congressman George Santos serves as a cautionary tale. While extreme, it highlights the importance of scrutinizing candidates’ claims. Minor embellishments are common, but when it comes to hard numbers like sales quotas and achievements, inaccuracies can lead to poor hiring outcomes.
The Legal Risks of Requesting W2s
Handling Sensitive Information
There are several potential controversies and legal pitfalls that can come from asking for – and/or mishandling – W2’s. Personally identifiable information is technically any data that can be used to determine someone’s individual identity, which means that simply a name and address could potentially count.
W2 forms contain a wealth of PII (personally identifiable information, including:
- Employee name and address
- Social Security number (SSN)
- Tax and health insurance details
- Employer identification number (EIN)
- Employer address
Improper handling of this data can lead to privacy breaches and legal consequences. Additionally, W2s may include details considered protected characteristics under anti-discrimination laws, such as age or marital status. Mishandling or even perceiving this information could expose your organization to compliance risks or lawsuits.
Salary History Ban Laws
Several U.S. states and territories explicitly prohibit employers from requesting salary history during the initial interview, including W2 forms, during the hiring process. These laws aim to prevent pay discrimination and promote fair hiring practices.
States with Salary History Bans for Private Employers
- New York
- New Jersey
- Maryland
- Colorado
- Illinois
- Maine
- Washington
- Hawaii
- Connecticut
- Pennsylvania
- Vermont
- Massachusetts
- California
- Delaware
- Oregon
- Rhode Island
- Nevada
- Puerto Rico
However, several of these states or territories still allow compensation history to be discussed or even independently confirmed IF the candidate discloses it voluntarily. This is where it gets more complicated, though – many local governments from the municipal to state level have their own variations on these laws that can become confusing and even contradictory, with most only allowing salary history to be confirmed after an offer has been made.
There are also a handful of these laws that explicitly prohibit a voluntarily disclosed pay history from affecting a candidate’s employment, as well as the same from any protected characteristics such as age, sex, race, etc. This is where asking for a W2 can become the most risky, as when a candidate is rejected that request could potentially become a legal liability.
States Where Salary can be Discussed if Voluntarily Disclosed
- New York
- New Jersey
- Maine
- Washington
- Hawaii
- Connecticut
- Vermont
- Massachusetts
- California
- Delaware
There are also several counties and municipalities with their own version of salary history ban laws, such as Albany County, New York City, San Francisco, Atlanta, Cincinnati and Toledo. Some of these are noteworthy as major tech hub cities, and if either party falls under that municipality’s jurisdiction then their specific laws will be applicable.
Alternatives to W2 Requests
As a recruiting agency that has worked with thousands of tech startups, the Betts team has plenty of experience with handling salary history validation requests. Instead of requesting a potentially problematic W2 document, we can help you verify a candidate’s experience and average compensation for their desired title through methods such as:
- Employer Verification: Betts recruiters directly contact previous employers to confirm job titles, tenure, and key achievements.
- Quota & Performance Validation: For sales roles, Betts engages past employers to validate key metrics like commission attainment and quota consistency.
- Client Reference Checks: In cases involving client-facing roles, we reach out to notable clients listed by candidates to confirm their contributions and achievements.
Besides these means, we do have another alternative to request W2’s – leveraging one of the largest networks of pre-vetted sales, marketing and customer success professionals in the SaaS space through our proprietary recruitment platform.
Betts Connect: A Better Way to Verify Candidate Histories
Betts Connect is our comprehensive hiring platform designed specifically for go-to-market (GTM) roles in the tech sector. It provides access to a pre-vetted network of sales, marketing, and customer success professionals, eliminating the need for risky and time-consuming verification processes.
Key Features of Betts Connect:
- Pre-Vetted Candidates: Every candidate’s job history, achievements, and skills are verified.
- Advanced Filters: Apply specific criteria to find candidates who meet your exact needs.
- Recruitment Support: Benefit from nearly 15 years of experience helping over 10,000 startups.
Success Story: Cloudflare
Cloudflare struggled to source qualified Account Executives through LinkedIn, where inefficiencies required contacting 2,500 candidates to hire one. After switching to Betts Connect:
- They hired nine candidates within four months.
- Candidate sourcing time was reduced by 20x.
- First-round pass rates increased 5x compared to LinkedIn.
Let Betts Help You Confirm Salary History Without a W2
Betts Connect eliminates the risks and challenges of W2 verification while streamlining the hiring process. Our network of qualified GTM talent and advanced sourcing tools empower you to build world-class teams without unnecessary risks or delays.
Contact Betts here to see how Connect can help you find your next unicorn seller faster, more efficiently and without paying the typical costs of agency recruitment.