Is It Legal to Misrepresent Your Current Salary in a Job Interview?

When facing the salary question during a job interview, many job applicants wonder whether they should disclose their current salary or their previous salary. For some, the temptation to lie about their salary arises, either to avoid being anchored to a lower wage from a previous employer or to secure a higher salary with a new employer. But the big question remains: is it legal to misrepresent your current salary in a job interview?

Last update:
01/01/2024
Is It Legal to Misrepresent Your Current Salary in a Job Interview?

Write your resume in 15 minutes

Our collection of expertly designed resume templates will help you stand out from the crowd and get one step closer to your dream job.

Create your resume
Table of contents
Table of content
Create my resume with AI

Write your resume in 15 minutes

Our collection of expertly designed resume templates will help you stand out from the crowd and get one step closer to your dream job.

Create my resume

While in most cases, it may not be legally required to disclose salary history information, deliberately providing false information during the interview process can backfire in significant ways. Let’s unpack the nuances of this issue, explore employer expectations, and provide salary negotiation advice that avoids risky missteps.

Understanding the Salary Question


When a prospective employer asks about your present salary or your prior employer’s compensation, they are usually trying to:

  1. Gauge whether your current compensation aligns with their salary range.
  2. Assess whether you might accept the job offer they plan to extend.
  3. Benchmark yourself against current employees and the industry market rate.

This information has historically been part of the hiring process, though in recent years, many big companies and even state laws have shifted away from demanding detailed pay history. Some jurisdictions now restrict employers from asking about your previous pay or your last employer’s wages because of concerns over the wage gap and perpetuating systemic inequities.

Still, not every company is bound by such rules, and the interview often becomes a delicate negotiation where job candidates feel pressured to share more than they would like.


Is It Legal to Lie About Salary History?


Here’s the different story:

  • Perfectly legal in some cases: In many places, you are under no obligation to disclose salary information to a potential employer. Since you are not legally required to answer the question, omitting or refusing politely is acceptable.
  • Not legal to misrepresent: If you fabricate details, such as inflating your current pay, you may not be breaking a criminal law, but you are still engaging in dishonesty that could have consequences if discovered.

Employers may use background checks, reference checks, or even a credit check (in certain industries) to verify information. If discrepancies are uncovered, it could lead to withdrawal of a job offer, termination if you’re already hired, or reputational damage that follows you in your career.

In short: while it may not be illegal in the strict sense to lie about your salary, it can cost you a promising position and damage your credibility.

Legal Variations by Jurisdiction


The law around salary history information is evolving globally:

  • United States: States like California, New York, Massachusetts, and Illinois have laws prohibiting employers from asking about previous pay. In these places, job candidates cannot be forced to disclose pay history, and employers must set compensation based on role and skills, not on previous salary.
  • European Union: Many EU countries allow employers to ask but discourage linking compensation directly to prior employer pay due to anti-discrimination laws.
  • India: No national law prevents employers from asking about salary history, and the practice remains common in the interview process.
  • UK & Canada: Employers can ask about current compensation, but job seekers are not obligated to provide proof unless an offer is extended.

Case Studies: Real-World Consequences


Case Study 1: The Withdrawn Offer

A mid-level marketing professional inflated her previous salary by 20% during discussions with a recruiter. When the new employer ran a reference check with her prior employer, the discrepancy surfaced. The job offer was immediately withdrawn. Even though she was highly qualified, the dishonesty overshadowed her skills.

Case Study 2: The Termination Months Later

An IT engineer accepted a role after inflating his current pay. The issue went unnoticed until an internal audit required verifying salary information from the last employer. The lie came to light, and the employee was terminated for misrepresentation. While not illegal, the action was deemed a breach of trust.

Case Study 3: The Strategic Refusal

A candidate in New York was asked for salary history during the interview process, even though the state bans such questions. She politely reminded the recruiter of the law, then pivoted to her desired salary range. The company revised its approach, and she received a competitive salary offer based on market rate and her skills, not her previous pay.

These examples illustrate that while some may “get away with it,” the risks of dishonesty usually outweigh potential short-term gains.

Candidate Perspective: Why Do Applicants Hide Salary?


From the candidate’s viewpoint, disclosing current compensation can feel like revealing a big secret that works against them. Reasons include:

  • Their previous salary was far below market rate.
  • Their current employer underpays compared to competitors.
  • They want the new employer to focus on their skills, not their past compensation.
  • They hope for a higher salary that reflects their worth today, not their last employer’s valuation.

Understandably, many job applicants worry that revealing previous pay reduces their bargaining power in salary negotiations.

Risks of Misrepresentation


If you choose to misrepresent your current salary, consider the potential risks:

  1. Verification – Some employers contact your prior employer or current employer during reference checks (though they may only verify dates and title).
  2. Loss of job offer – If a recruiter or company uncovers discrepancies before finalizing the hire, they may revoke the offer.
  3. Termination – Even after employment, if the lie surfaces, you risk being let go for dishonesty.
  4. Reputation damage – Word spreads quickly in industries, and future opportunities may be affected.

So while it might not lead to jail time, it’s rarely worth the gamble.

Better Alternatives Than Lying


Instead of wondering “is it legal to misrepresent your current salary in a job interview?” focus on strategies that strengthen your negotiating stance without dishonesty.

1. Redirect the Conversation

When asked about your previous salary, you can respond with:

  • “I’d prefer to focus on the market rate for this position and how my skills align with your needs.”
  • “I’m looking for a role in the salary range of [X–Y], based on my research and the responsibilities of this job.”

This way, you avoid disclosing previous pay while providing useful salary information.

2. Research Market Rates

Use tools like Glassdoor, Payscale, or industry surveys to learn the market rate for your current job or the new role. This ensures you can confidently state a salary range backed by data, not just prior employer numbers.

3. Highlight Value, Not History

Frame your job application and interview answers around skills, achievements, and measurable contributions. Emphasize what you can bring to the company, rather than being anchored to previous company pay scales.

4. Discuss Total Compensation

Remember, a job offer is not just about pay. You can negotiate for other benefits such as flexible hours, remote work, training, or bonuses. This widens the scope beyond just current pay.


Laws Around Salary History


In some regions, the law has stepped in to level the playing field:

  • In parts of the U.S., employers cannot ask about salary history information during the interview process.
  • Some countries treat salary disclosure as voluntary, allowing candidates to withhold it without penalty.
  • Not all big companies follow the same rules, especially if they operate in multiple jurisdictions.

Thus, whether you’re in New York, Bangalore, or London, the answer to “is it legal to misrepresent your current salary in a job interview?” may depend heavily on employment laws where you live. Always check local regulations.

Salary Negotiation Advice for Job Candidates


To maximize your chances of securing a higher salary without crossing ethical lines, follow these steps:

  1. Know your worth – Benchmark against market rate data.
  2. Prepare an answer – Have a ready response when asked about prior employer pay.
  3. Be transparent but strategic – You don’t need to disclose previous salary, but don’t fabricate either.
  4. Treat it as a two-way street – The hiring process is about fit for both the employer and employee.
  5. Negotiate respectfully – Frame your case in terms of value, not just compensation.

Decision-Making Checklist for Salary Questions


Use this quick tool during the interview process:

✅ Do: Research the salary range for the role.
✅ Do: Redirect the question to your desired salary offer.
✅ Do: Emphasize skills and contributions.
❌ Don’t: Inflate your current pay or previous salary.
❌ Don’t: Assume every employer will ignore discrepancies.
❌ Don’t: Anchor yourself to a lower wage if laws protect you from disclosure.

Final Thoughts


So, is it legal to misrepresent your current salary in a job interview? Technically, you may not be breaking law by withholding or declining to answer, but actively lying about your salary history is a different story. It risks damaging trust, losing a job offer, and undermining your long-term career.

Instead of seeing salary as a big secret to protect or distort, think of it as one part of the broader interview process. Focus on skills, contributions, and market rate, and treat negotiations as a two-way street where both company and candidate seek the right fit.

Use this Resume Builder to create a polished, professional resume that gets noticed, the right resume can help you stand out in today’s competitive job market.

Create your resume with the best templates

Choose
Choose

Frequently Asked Questions

Can an employer legally ask about my previous salary?

It depends on where you live. In some states and countries, employers are prohibited by law from asking about salary history information to prevent perpetuating the wage gap. In other regions, it is still legal for employers to ask, though you are not always legally required to answer.

What happens if I lie about my current salary in a job interview?

If discovered, lying about your current salary or previous salary can lead to serious consequences. A prospective employer may withdraw their job offer, or in some cases, terminate your employment later. Beyond that, it can damage your professional reputation and reduce trust with recruiters and hiring managers.

How should I handle the salary question if I don’t want to disclose my current pay?

Instead of giving your previous pay or current compensation, redirect the discussion to your desired salary range based on the market rate and the value of your skills. You might say, “I’m more interested in discussing what’s fair for this role, given its responsibilities and industry benchmarks.” This approach keeps negotiations honest and professional without tying you to your prior employer’s pay scale.

Create your resume in 15 minutes

Our collection of expertly designed cover letter templates will help you stand out from the crowd and get one step closer to your dream job.

Create my resume