Is it Legal to be Denied a Job Because You’ve Gone Through Bankruptcy?

Bankruptcy is usually seen as a fresh start and in a lot of ways, it can be. However, bankruptcy does not mean that whatever happened in your past is erased completely and put behind you. Fortunately, if you are wondering if bankruptcy can stop you from getting a job, the answer is no. Employers are, by law, not allowed to discriminate against you because of your filing for bankruptcy. But it may influence their hiring process depending on the type of job (like if it is a state job). It will appear in your credit report if you file for bankruptcy, so any employer that is requesting a credit report check will see this. A company may choose not to hire you if they can see that you have filed for bankruptcy. This is because if a potential employee is deep in debt and is applying for a money managing position, the financial firm will most likely be afraid to utilize that person in that field certainly factor that debt into their decision of who to hire. Statistically, new hires who have filed for bankruptcy are more likely to steal from their jobs than those have not.

An employer for the government may potentially run a background check on you that will include pulling out information on your credit. A bankruptcy on your credit report can actually work in your favor when you are applying for a government job. This is true especially if the job you applied for requires a low level of security clearance. Because a bankruptcy can wipe your debt away and most government jobs favor candidates who do not have any debt, you may become a more attractive contender in the field. Government employees that have debt are more inclined to take bribes. To prepare for your interview, make sure you have a short explanation on why you have filed for bankruptcy, and a way to redirect the conversation after talking about it. Often times, individuals file for bankruptcy because a drastic life event has disrupted their money, so it is very relatable. Be sure to remain truthful because your bankruptcy is a public record. If you have already been employed and filed for bankruptcy while being employed, you do not have to disclose this information to your current employer. Even if they find out, it is illegal for them to fire you because of your bankruptcy.

Contact a Bankruptcy Attorney Today

If you have been denied a job due to your past filing for bankruptcy, please do not hesitate to reach out to a bankruptcy attorney today. The initial consultation is usually free, and you can ask any questions you may have. He or she can explain the legalities associated with your specific state’s laws, go over your options of pursuing a lawsuit against the company, and explain your rights. You do not deserve to be discriminated against when trying to apply for a job, so reach out to a bankruptcy lawyer Phoenix, AZ trusts today for help.

 


 

Thank you to our contributors at Kamper Estrada, LLP for the above information.