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Friday, February 25, 2011

Obtaining jobs after filing bankruptcy, should not be a discriminatory experience

An attempt at a discrimination graphic.Image via Wikipedia
Federal laws limit employers using a
recent bankruptcy as the sole reason
for not hiring an potential employee
into an open position.


An ROJS Guest Post by Sophie Kinsella-Learn More About the Author Below


The greatest harm that is likely to affect a person filing bankruptcy when they are socially discriminated. In the current recession, millions of Americans have been forced to file bankruptcy after losing their employment. 

But if financial manners take opposite turn in your life, then it can be a frustrating experience. Especially so when after an bankruptcy filing, job seekers experience some employers who are not willing to extend an employment offer.

In this case, the employer seeks reliability from employees and with this, make a decision to examine a credit report as a sole means test for trustworthiest. 


Other employers choose to determine your nature and background by assessing, an credit report to do so. In the employers' mindset, a credit report shows how trusted an potential employee could be and their responsibly as a citizen. 


In some cases, after pulling a credit report, the employer finds a recent bankruptcy. They in turn might form an opinion, based on a paper examination without explanation from the applicant, make a false assessment that the potential employee is reckless in life or do not care what you owe to others. This can form a potential drawback when applying for a new job. 


However, things have not gone as gloomy as that since bankruptcy law has come into effect. The section 525 of the U.S Bankruptcy law strictly prohibits any kind of social discrimination to a person who has filed bankruptcy. Always remember that the law is at your favor. 

With such, honesty is the best policy to handle this type of situation with an potential employer. When first approaching an interview and where one is confronted with such a question, tell them frankly about your experience of bankruptcy. It may be better sometimes to tell the company ahead about your case and later, detail the factors surrounding the situation, if asked. 

Though rigorous screening tests of today, whereby an employer scrutinises the credit report of a person, don't allow a recent bankruptcy to have you face your interviewer with a feverish mind. Just approach with confidence and exude competence. Paint a bright picture of your past experience in  previous workplaces and make every attempt to win your interviewer with positive attitude and pleasant demeanour.  

In the same aspect, in some cases an employer may not blurt out that they will not recruit potential candidates with blemishes on their credit report(s). If you feel you are victim of such discrimination and the reason of turning you down by an employer is blatant enough for them to method this fact, then off course you can resort to law to resolve the issue. 

Sophie Kinsella is a contributory guest columnist for various websites and communities including Oak View Law Group and CMFA . She has completed her Graduation in Finance and is currently working with an Investment company located in California. She has written some great articles on topics like bankruptcy, investment opportunities, debt settlement and more.
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