Don't think I'm going to get hired because of BK

[notgoingasplan]

I just went to a second interview for a company that I believe wanted to hire me and when ask if there was anything in my background that would be an issue I honestly told the manager that I have a bankruptcy. The manager told me that the company has never hire anyone with this kind of problem and he wasnt sure if their policy has changed. I think I might have lost the job right there. I feel like the recruiter for the company really liked me and got me the second interview with the manager. At the second interview I feel like I had some connection with the manager and I believe it went well. I believe that being bankrupt will be used against me and I will not get hire. I know the Bankruptcy Act prohibits discrimination but how am I going to prove this. I am thinking about talking to the recruiter and filing a report with the Equal Employment Opportunity office. Any suggestion from anyone would be nice!

[lrprn]

I know the Bankruptcy Act prohibits discrimination but how am I going to prove this. I am thinking about talking to the recruiter and filing a report with the Equal Employment Opportunity office. Any suggestion from anyone would be nice!

The first thing is to see if you get the job or not. Perhaps you'll be pleasantly surprised!

If you don't get the job, then since someone during the interview process said straight out that they won't hire someone if they know the person filed bankruptcy (not very smart on their part), then it could be worth talking to the EEOC. However, even if they think you have a case, proving that your bk was the sole reason you weren't hired will be very difficult since it's just your word against the interviewer's.

Knowing how blindly prejudiced so many people are about bankruptcy, I'm wondering why you told them you had filed? Did they ask you directly if you had filed before? (And if they did, that's an illegal question for them to ask you - you could tell the EEOC about that too.)

[Pinktiger]

There are some jobs that require a clean credit history. However, most of those jobs are up front about it when you apply. Banks, law enforcement, security firms, etc., have to be very careful. But a bankruptcy alone doesn't disqualify a person from these jobs. A current bad credit problem, however, will. Bankruptcy with a clean record afterwards will often negate the issue. I do know that someone with money problems is not allowed in combat, if it is known by the military.

[CATCHMEIFYOUCAN]

Just my two cents, the TSA (Transportation Security Assoc) told a worker that if they didn't file BK he could lose his job!

Catchmeifyoucan

[notgoingasplan]

Is it illegal or legal for someone to ask you about your background before a report is pulled?

[Pinktiger]

I'm not an HR expert, but to my knowledge if it is an issue that directly affects a person's job performance or security, it can be asked. Having secrets is the problem, not the issues themselves, mostly. For example, if you are in a position that could be blackmailed for money, having a secret that you would pay someone to keep quiet about would be a security risk. Money problems that are current and serious could also be construed as being a security risk, unless they are disclosed and a plan is made to deal with the problems. These things are job specific.

[lrprn]

The HR expert at our company told us that when we interview a job applicant, we can ask questions about an applicant's personal finances only if it states clearly in the job requirements that having a clean financial record (no bankruptcies, no foreclosures, no repossessions) is necessary for the job. Otherwise, it's off limits. Asking an applicant personal financial questions if there's no stated job requirements related to personal finances opens the company up for a discriminatory lawsuit.

[GoingDown]

There are lots of jobs out there that don't require squeeky clean credit. I would suggest that you apply for one of them. Personally speaking, I wouldn't want a job that could be lost solely because of some minor personal financial problems that have absolutely nothing to do with my actual job performance.

With the way average Americans are head over heels in debt, most companies can't be so high and mighty as to discriminate against people with credit problems, or else they wouldn't have any viable applicants for their job openings.

[notgoingasplan]

Yes I am looking for other jobs too, but I really wanted this job because it will help me get back on track and I would hate to lose it because I got discriminated against.