“Can I run a credit history report on Controller candidates to make sure they don’t have past personal bankruptcies?” is a question posed in hiring firm Safari Solutions’ newsletter.
Both the question and Safari Solution’s answer could be of interest to my Bankruptcy in Indiana readers, I realized. Many of the questions posed to the Indiana bankruptcy lawyers who work in the five Zuckerberg bankruptcy law offices have to do with getting hired or fired after filing personal bankruptcy in Indiana.
Safari responds as follows: “Yes, checking the credit history of a controller candidate is acceptable. If a candidate is in the middle of financial despair, do you want that person managing your money? Probably not. Yet, the fact they have a bankruptcy should not be an automatic knock-out. If the bankruptcy was a long time ago, does it really matter now? Take all factors into consideration before hiring or passing on a viable candidate.”
For all of the twenty six years during which I’ve practiced Indiana bankruptcy law, this very question has been asked of me over and over again. Will my chances of securing a job be hurt when it’s discovered I’ve filed individual bankruptcy in Indiana?
I always begin by explaining that it’s actually illegal for a company to refuse to hire someone – or fire someone – based solely on the fact they’ve filed bankruptcy. To be realistic, though, it’s difficult to prove that the bankruptcy was the sole reason for an employer’s decision. It’s also true that credit checks have become a very common part of the hiring process.
In the Safari situation, you’ll notice, the job was in financial services (controller). Jobs in the financial services or legal fields have unique rules that may, in fact, prevent a former bankruptcy filer from being hired. And, as one of my Columbus bankruptcy lawyer colleagues stresses, finding employment after bankruptcy can be a challenge. When business owners request information from consumer reporting bureaus about job applicants, the Fair Credit
Reporting Act requires that the agencies divulge that information.
As a longtime debt consolidation lawyer offering Indiana bankruptcy help, my advice is to be very up front with a prospective employer about the fact you've filed bankruptcy, and about what factors led you to make the decision to file.
In today's economic climate, after so many layoffs and downsizings in the job market, your bankruptcy story will probably not be the only one the prospective employer will have heard. If you have a history of good work performance and you’re qualified for the job, many employers will be likely to consider hiring you, knowing you want nothing more than to make a fresh financial start.
Categorised in: Bankruptcy Indiana
This post was written by Mark Zuckerberg