Will Bankruptcy Keep Me From Getting a Job?

With unemployment hovering over seven percent, the prospect of losing a job worries many people. Perhaps you have already lost a job, which is why you are worrying about your financial struggles and contemplating bankruptcy. With the job market as bad as it is and the economy experiencing sluggish growth, you may find yourself wondering "Will bankruptcy keep me from getting a job?" Here are some ways that filing for bankruptcy might affect your job search.

Some Employers Perform Credit Checks
It is an unfortunate fact that there are many dishonest people in the world. For that reason, an employer might want to run a credit check on their applicants. If a potential employer wants to run a credit check on you, according to the Federal Fair Credit Reporting Act (FCRA), they are legally required to have your signed permission before they do so. If you feel it is necessary, be up front about the bankruptcy. Let them know before they run the credit check what happened and why. Your potential employer might actually appreciate your honesty. In fact, by explaining the circumstances that led to your bankruptcy and describing what the situation taught you, your potential employer may see your experience as a way to better gauge you as someone they would like working for them, which can turn the circumstance to your advantage.

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Jobs that Require Secret Clearance
If you are applying for a job that performs a background check for secret clearance, a bankruptcy will most likely not affect you negatively. If you filed for Chapter 13, your debts are being settled. If you filed for Chapter 7, they have been discharged altogether. Either way, the government would see you as significantly less tempted to be bribed or sell secret information as someone who is heavily in debt.

They Might Never Find Out
If a potential employer does not run a background or credit check on you, they might never find out about your bankruptcy. Furthermore, even though bankruptcies are public record, you have no reason to disclose your bankruptcy to a potential employer. Chances are your bankruptcy is probably not something that your potential employer cares about at all. If you are not asked about your credit history you are not obligated to discuss it. Don't freely or voluntarily provide information which a potential employer may have no need or desire to know.

Discrimination Is Not Allowed
A potential employer may ask to run a credit check, and as stated previously, in order for them to do so they are legally required to obtain written permission from you. After receiving your written permission they are free to check your credit history. If you have had or are having your wages garnished, your employer will definitely know about your financial problems. Also, if you file for a Chapter 13 bankruptcy, your employer may have to provide the court with proof of your ability to pay. The court might also require your payment arrangements to come directly from your paycheck. However they learn of your bankruptcy, your employer cannot discriminate against you for it. That means bankruptcy cannot be the sole factor that keeps you from getting hired. Furthermore, if you are employed, an employer may not fire you, demote you, or punish you in any other way because of a bankruptcy.

If you feel you did not get a job because of your credit history and have concerns that the potential employer checked your credit history without your permission, request a copy of your credit report and check the "inquiries" section to see who has been checking on you. If the potential employer ran a check, their name should appear on the report along with the date the check was performed. If you know for a fact you did not give written permission for the potential employer to run a credit check, but they did so anyway, by FCRA law they have committed fraud.

Your Bankruptcy Attorney Has Answers
If you have any questions about how a bankruptcy can affect your job search, contact your Minnesota bankruptcy attorney. Your attorney can tell you what your rights are and what an employer can and cannot do because of your bankruptcy.

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