Wife Denied Employment due to the BK!! Opinions

[Dollar Bill]

We filed bk in July and will see our discharge in about a week or so. We filed due to the failure of my business. Lots of personally guaranteed debt for the biz. Most of the attys recommended that my wife file with me to protect her from the collectors calling her later down the road trying to collect. Community property rules/laws 101 I guess.

She sooo didn't want to, and was afraid that this would impact some of here chances of landing a job. I kept asking around and told her that ...well..."that would be illegal" etc etc.

Her employer terminated her last month with no notice. Once they spoke to her about attendence, but said that if her job were ever in jepardy they would let her know.

Excatly one month to the day this month, she was offered a new position closer to our dauighters school, making 3k more. She got the offer wednesday. She then got a message on sunday saying that the offer is off the table to due to some credit descrepencies and or inconsistancies.

She spoke to the Controller today and he said that because of the bankruptcy on her report she is considered a fraud risk, and thye cannot higher her for that reason.

My wife is an accountant. She manage her finances well, I didn't. She had to file because of the comm. prop. laws that would make her responsible for what happened to me. This is exactly why she didn't want to file.

I wonder if her current employer pulled her up on PACER or ran her credit. We didn't see them on Experian but maybe they are on one of the otyher two bureaus.

Can we do anything about this current denial of employment? It was all said over the phone.

Anyone have a similiar experience?

[magyar123]

Remember most potential employees are subject to background/credit checks before they are actually hired. Especially for accounting/financial type positions.

[Phillymanhere]

Frankly, I would have you wife call the firm and tell them of the business failure, etc.

Owning up to the bk and explaining it shows strength of character and reliability. She can ask them to reconsider ... tell them they can try to temporary probation if they want. But she needs to also be ready to explain all her talents and strengths and what she accomplished on previous jobs.

Let's say the company still says no. Here's the upside: she needs to ask them what should she do next time when applying for jobs of this sort. Maybe she'll have to tell people earlier in the process about the bk .....

But don't let the shame prevent you and her from contacting the firm that pulled the job offer.

[WoodSprite]

Frankly, I would have you wife call the firm and tell them of the business failure, etc...

I think that's great advice. They obviously were impressed enough with her to offer her the position in the first place - they want her, not their second choice! Unless this is such an enormous company that they're completely stuck in bureaucracy and simply have no choice but to follow the rules, they're PEOPLE, and they will surely, as Phillyman says, respond to her honesty, and to her obvious interest in this job. It may not work, but it's definitely worth a shot, and it may really help her to feel she did everything she could have done to make it happen.

Good luck, DB.

[justbroke]

I agree with others. Have her call or write and explain the situation.

When you are in a position of fiduciary responsibility, as would an accountant, a Bankruptcy can and most likely will hurt your changes at getting future employment.

It's worth a try.

[AngelinaCatHub]

This really feels like a civil rights issue of discrimination. There is racial, sexual, physical, illness, age, and in my opinion, financial personal problems. I would seek out this and sue or explain you will sue them if not offered the opportunity to prove yourself.

Florida is a right to work state. That really means for no reason they can let you go except for certain things. Discrimination in any way may be a way to at least cause them to reconsider. ‘Hub

[Mi Bankruptcy]

She has merit if she left her old job to move to that one. Was a offer letter extended to her? Did she miss any other opportunities from this incident?

[Dollar Bill]

Thankn you all very much for your responses. I was also thinking along the lines of it being a civil rights type issue; unfortunately, there are many loopholes in following the law.

I think a card or letter direct could work this thing out, if not tug at their emotions a bit.

Thanks again

[JRScott]

I hope she finds something, don't let it discourage you but a letter explaining the situation might do good.

As you say the law has many loopholes, and it is very difficult to win discrimination cases.

[b_girl]

I just read an article today about this very thing..

http://articles.moneycentral.msn.com/Banking/YourCreditRating/does-bad-credit-make-you-a-bad-person.aspx

I think it's illegal myself, and according to this article, it is but not everywhere yet. This is their advice...

'If you believe a job denial based on credit qualifies as discrimination, file a complaint with the U.S. Equal Opportunity Employment Opportunity Commission or contact an attorney. Across the country, lawyers are trying to ban the practice.'

[Dollar Bill]

b girl...thanks for the article. This is all very unsettling.

[Stilltheone]

Unfortunately, they *can* deny you employment if you've filed bankruptcy...IF you're working in a financial "setting".

My mom is an accountant also and she would have a hard time finding work if she ever filed bk.

They probably just ran a backround check on her and, if it was filed in the courts, it will pop up on a normal backround check.

I hope it will work out for your wife!

[b_girl]

Well, considering the increasing number of BK filings in the past few years, this issue is going to effect enough people that it will need to be addressed.

[FloridaGuy]

I have recently been searching the classifieds & online job outlets. Many actually say having BK disqualifies you for the job.

Again these are in financial or insurance type settings. I suspect an issue anywhere you may have to access other peoples or company financial information.

But I also agree with Phillymanhere, above.

[Dollar Bill]

Ughhhh!!! This is unbelievable. I felt I had learned as much as I could before filing, and now finding out that there could be an issue for her in the future. Feels like a dream.