I Hate Being Chapter 13 Bankruptcy

[yak411]

Oh I am so happy for you!!! I think alot of people have been reading this thread and although we are not all trying to get jobs, you have been an inspiration to us. Being in bankruptcy is sooooooooooooooo stressful. Nice to see good things happening for a fellow BKer!!!!! Good Luck!!!

[Thought Doctor]

this may be a foolish question, but why would they care one way or the other, that you are in Chapter 13? Tey write you a check, they don't expect you to pay them every month!!!!???

I wonder if this is a violation of employment law? For instance, it is illegal for an employer to ask about any prospective employee's work comp history? Or age, or race or sexula preference or a multitude of such personal issues.

[Dirk Squarejaw]

this may be a foolish question, but why would they care one way or the other, that you are in Chapter 13? Tey write you a check, they don't expect you to pay them every month!!!!???

I wonder if this is a violation of employment law? For instance, it is illegal for an employer to ask about any prospective employee's work comp history? Or age, or race or sexula preference or a multitude of such personal issues.

This is perfectly legal as far as I understand. If you are going to be handling money in a bank, etc. or if you are getting a job with certain security clearances, then yes they can turn you down because of a BK. They see you as a threat because you have shown in the past that you don't handle/budget properly and if "hard up" you could take from the company. Not saying its right, but it is legal from what I've read.

[FreshLikeADaisy]

Dirk, you are right. In addition, because $$ already works for that company, they can pretty much ask her whatever they want: there is a huge legal difference between pre-employment and post-employment questioning. Also, the areas of illegality tend to center around EEOC issues, not financial ones. While any questions $$ faced to get the new position would be "pre-employment" for the new position, they would be post-employment for the company itself, which I would imagine they are well aware of. Most companies are. I had an employer once put out a "survey" which was administered to each employee privately by HR, that included questions like, "are you gay? have you ever had sexual dreams? have you ever had sexual relations with a person of your own gender?" stuff like that. Even though I'm straight I found it quite offensive (and left those blank, thank you, none of their damn business) but it was not illegal. WTF? But it's okay now because that company tanked and is no more, so they're no longer asking anyone a damn thing.

Congratulations, $$!!!!! I'm SO glad for you! Good luck on the new job!!!

[$$only4ever]

Thanks Fresh for the congrats!

Let me try to clarify a few things. My new employer is in the financial/banking category. When I started the pre-employment process, they do a credit check (with my permission, of course.) I knew that the Chapter 13 Bankruptcy would show on my credit report and decided to be honest and pro active about it before they saw it. Because I opened the door, so to speak, I believe legally they can ask me anything they want about it, whick was okay by me. It is what it is. Also, due to the nature of the position, I will have lending authority and they were being extra cautious. Regardless, I was offered and have accepted the position. Yes, I am sure, for some security clearances and money handling positions, bankruptcy would have been the factor for job denial, but after asking me several questions and seeing that before bankruptcy I was never late, no charge-offs, etc and that several trade lines were paid off satisfactorily, they could see that it was just an unfortunate life event, nothing more.

The point of my rambling is to show everyone that even with a bankruptcy you can still obtain a good position. Also, I know because I was honest and upfront about the bankruptcy I scored big points with my new employer. Am I saying will this work with every employer; probably not, but it did work for me.

[Flamingo]

this may be a foolish question, but why would they care one way or the other, that you are in Chapter 13? Tey write you a check, they don't expect you to pay them every month!!!!???

I wonder if this is a violation of employment law? For instance, it is illegal for an employer to ask about any prospective employee's work comp history? Or age, or race or sexula preference or a multitude of such personal issues.

No it is not a violation of employment law. You need to separate discrimination from company policy. The majority of financial institutions will not hire a person with bad credit or BK on their credit reports. There is reasoning for that - higher chances of embezzelment, fraud, theft, etc. in their business. It is totally in their right to have that in their policy as to hiring practices. It is stated in the application or other informatoin provided to the applicant that a credit report will be pulled along with a criminal background report. Both can keep you from getting a job - it is not discrimination. Employers hire people to make the business money and it is totally within their right to not hire someone with a criminal or bad credit background. If you are working for an employer and are specifically fired for filing bankruptcy or having bad credit, then you have a discrimination case. The same applies as to your comment on age, race or sexual preference - if you were denied a position specifically due to those reasons or were fired on the job specifically for those reasons, yes there is a violation and you have a case. You can bet that information is not stated in the company policy for hiring practices.

[TiredandWeary]

Congratulations on the new job offer! I am very happy to read your thread and to find out that everything worked out in the end for you! Take this as a blessing from above and always be thankful!! Good luck!