Refused a job b/c of Bankruptcy!

[BnkrptcyLwyr]

I'm not saying it's going to be easy, but the original poster did say (or appears to say) that they fired him *solely* because he filed for bankruptcy.

But it's hard to believe that after only a month's employment that they would have had much against him - no real history of poor performance I assume. Furthermore, it was only after the background check which found the bankruptcy.

A job is hard enough to find nowadays, he may try to seek reinstatement.

[Tbornetun]

The employment hasn't begun yet. It wasn't due to start until February. It is not technically a firing.

[Flamingo]

All they would have to respond with is that the OP did not pass their background check and they would win the case. Not worth pursuing in court, it would be a waste of time and money.

Most financial institutions make it known to applicants that they may not be accepted for employment if there is a BK on their records. I did contract work at a major financial institution and even had to go through an extensive credit and background check myself as being under contract to be able to work on their site, and had to fill out a credit packet listing all creditors and amounts owed before they even ran a credit check or background check. Fingerprinting was also done. Other non-financial employers may see that BK on one's records and if there is another applicant that is just as good as the one with the BK, the person without the BK on their records has the edge to get the job. That's just the way it is out there in employment land as to having a BK on your record. It does put one at a disadvantage during the time it appears on your credit reports.

[Tbornetun]

I was agreeing with you Flamingo.

Everyone else - There are many other threads addressing this same issue. An employer can refuse to hire and employ you based on your credit check.

[BnkrptcyLwyr]

The employment hasn't begun yet. It wasn't due to start until February. It is not technically a firing.

Doesn't matter.

"No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title ...."

Now granted, is it hard to file this kind of suit. Sure.

The more important thing is whether you will be black-balled against future employment because you sued your employer.

If he's hired at the new job he wanted, might as well let it go.

But the avenue should not just be rejected out of hand, and indeed, it seems that he was denied employment *solely* because of the bankruptcy.

[Tbornetun]

Doesn't matter.

"No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title ...."

Now granted, is it hard to file this kind of suit. Sure.

The more important thing is whether you will be black-balled against future employment because you sued your employer.

If he's hired at the new job he wanted, might as well let it go.

But the avenue should not just be rejected out of hand, and indeed, it seems that he was denied employment *solely* because of the bankruptcy.

What I am saying is the OP would have to prove it. Waste of time and money to try. She already has another job lined up, time to move on.

To the OP - When applying in the future and you know they will do a background check (only if you know they are doing a background check), be upfront and honest with the prospective employer. Tell them about the BK, and explain to them how things have turned around for you now. "I learned my lesson, blah blah blah."

My husband has a secret security clearance with the military. He was talking to the background investigator one day and they said that the fact that there is a BK or a foreclosure isn't the problem. It when the person they are looking at didn't disclose that information beforehand that they flag the file.