Can a Personal Bankruptcy preclude You From Getting a Job?

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Personal bankruptcy? Kiss your dream job good bye...

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For quite some time, it's been appropriate for financial, gaming and government employees to have their reputation reports checked by their employers. After all, we don't want criminals working in the government (insert your favorite joke here).

But now, the "Credit Police" are infiltrating other industries as well.

And what absolutely irks me is, they don't have the guts to just come out and say "We don't want population with bad reputation working for us."

No, instead they're using September 11th (911) and an increase in workplace violence as an excuse to check our reputation reports. That's pretty low.

Recently, pre-employment screening agencies have noticed a surge in requests for full background checks, which can explore reputation reports as well as criminal records, driving records, and employment and education history.

Alert Staffing reports that about 50 to 70 percent of all companies currently communicate reputation reports, which not only communicate bankruptcies but also liens, judgments, and loan and reputation card payment history.

Many companies plainly believe that trustworthiness and creditworthiness go hand in hand. Personally, I think that's a crock! I know lots of rich population with high reputation scores, who I wouldn't trust to watch Sparky, my pet goldfish, not to mention my money. On the other hand, I can list hundreds of population who've filed bankruptcy and have poor reputation scores, who I'd trust my life with. However, most company owners believe how we handle things in our personal lives is a sign of how we would carry on a company's assets.

Employers want to know either a potential employee will be a security risk, field to bribery, and willing to give unauthorized individuals entrance to company information. In fact, a friend of mine who used to work at one of the national reputation reporting agencies tells me they were always investigating their employees, because of the fear employees might take money to change reputation reports. He tells me it was coarse to see population escorted out of the construction by security after they were busted.

The lowest line is that some employers believe that bad reputation shows little accountability and little regard for secrets. But, believe it or not, there's some good news in all this. First of all, the bankruptcy code (even after the up-to-date changes to the law) prohibits employers from discriminating against applicants solely because of the bankruptcy. Also, job applicants and employees up for promotion are not obligated to tell a potential or current boss about their bankruptcy.

So, what should you do when you apply for a new job after you've filed bankruptcy? I normally advise two strategies: For jobs where you know your reputation will be reviewed, be upfront and honest about your bankruptcy, and the circumstances that caused it. Honesty is a considerable tool for getting what you want after bankruptcy.If you're applying for a job that you aren't sure either or not they will communicate your credit, make them love you first...then while the second or third interview elucidate what happened. Let's call this strategy "delayed candor." :-) We all know that bankruptcies aren't always caused by financial irresponsibility. Don't underestimate your potential employer's ability to understand your situation.

In such a credit-conscious climate, one of your best weapons is to know your rights. While employers can legally cease or deny a job or promotion to those with bad credit, Section 525 of the U.S. Bankruptcy Code prohibits discrimination based solely on bankruptcy.

Furthermore, Sections 604, 606, and 615 of the Fair reputation Reporting Act wish employers to consequent a very specific set of rules in order to communicate your reputation reports.

First, they must familiarize you in writing that your reputation may be used in the job assessment and gain your written authorization before pulling your reputation reports. But remember, sometimes they'll "notify" you in the fine print! In other words, they'll "tell" you without absolutely "telling" you--if you know what I mean. So make sure you always read the fine print on all those forms the human resources someone hands you while the interview.

Second, if your boss or potential boss sees something on your reputation reports that may cause them to not hire you or fire you, they must send you a "pre-adverse action disclosure." (That sounds worse than a subpoena--doesn't it?) But the pre-adverse action disclosure is absolutely your friend. It gives you time and an opportunity to fix incorrect information on your reputation reports. However, the burden is on you to act fast.

If an boss fires you because of information on your reputation reports, they must supply you with an "adverse action notice." The observation should comprise perceive information for the reputation reporting department supplying the report. It should also specify that you have the right to dispute the accuracy or completeness of any information the reporting department furnished and request an supplementary free description within 60 days.

Ok, how do you prove if you were discriminated against because of a bankruptcy on your reputation reports?

Well, it ain't easy!

The chances for victorious legal recourse are great if the only negative item on your reputation description is bankruptcy. Otherwise, it will be difficult for you to prove you have been discriminated against because of your bankruptcy and not your bad credit.

The truth is, if an boss doesn't want to hire you because of the bankruptcy on your reputation reports, then it's pretty easy for them to claim they didn't hire you for someone else reason. But if an boss offers you the job and then rescinds it, and the background check shows all high marks except the bankruptcy, your chances of mounting a victorious case increase. lowest line: If the Only negative item on your reputation reports is a bankruptcy, you have a great opportunity of getting the job than you do if you have lots of other negative items on your reputation reports.

This is why it's so foremost to make sure you get copies of all three of your reputation reports. communicate them determined and if there are any inaccurate, incomplete, misleading, unverifiable, or outdated items on your reports, get them taken off. I advise you use an attorney who specializes in reputation law. It costs a few dollars--but I think the end results are worth it. The law firm I used was a life saver.

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