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    Question for mods.

    Howdy,
    as most of you know me I just wanted to ask a question. Wife had to OK a Credit check for her new job today with the State. She also had to answer yes to having filed BK. She is already working in the position since Friday. Now, I know that they are looking for fraud, repos, problem folks. I don't anticiapte any problems, I am very familiar with the system as i am also a Gov't employee for over 24 years. Our BK was closed with no suits, etc... three years ago. She is employed in an area that deals with legal issues and corporations.

    Question is, since it is not permissible to be denied employment for BK, why bother with the question? Or are they seeking evidence of fraud, lying or what? Our credit is somewhat OK now, about 640-710 depending on who you ask and what month it is.
    "You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers

    Join the Mobile Infantry and save the world. Service guarantees citizenship.

    #2
    Originally posted by robivi3 View Post
    Question is, since it is not permissible to be denied employment for BK, why bother with the question? Or are they seeking evidence of fraud, lying or what?
    Who knows, robivi3. Frankly, if I was denied a job and knew this question was included on the forms I was required to complete to apply for the job, that one question would open quite a Pandora's box for the employer if I decided to pursue a court case stating I was denied the job because of my bankruptcy. An employment lawyer would likely be drooling over that form with $$ signs in his/her eyes!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      What I think they look for is evidence of fraud or that you buy and skip. It is a small area and is one of numerous questions on multiple documents that include arrests and a ton of other questions to which the answers are all no.
      "You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers

      Join the Mobile Infantry and save the world. Service guarantees citizenship.

      Comment


        #4
        I would think, if your wife's fanny is already warming a chair in the office,........ She's already working the job,.......... There's not much they can do one way or another regardless of the BK question.

        Obviously, she said Yes to the BK question because you did file. And that prevents them from firing her for lying on the app.

        At this point, it seems to me, the only way they could terminate your wife's employment would be to point to some performance related issue. After all, they extended an offer, she accepted, she's changed offices, and she's already working in the position.

        Most likely, the application process was merely a formality on their part. A necessary paper that needed to be on file. And now that's done.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment


          #5
          No, they won't terminate her. that really wasn't the worry, just wondered why they ask it. Sort answered it myself I guess.
          we wrote a short (no TMI) explanation and included the a copy of the discharge to avoid any problems (it says attach documents if necessary).

          You have a better chance of finding a white unicorn in a snowstorm than you do of my wife lying even verbally. the State is like the County sometimes getting the horse and cart mixed up. It's funny, she got hired, is Career Service (non-exempt, I thought she would be exempt)) and is doing her app. now! Actually before probation is up they can let you go, after it must be "for just cause". The system is what it is and so they ask multiple questions to avoid hiring scumbags.

          her Dept. has about 4000 employees Statewide, I am certain that some have filed prior to working there. Since the education requirement for the higher positions is really heavy and the entry level pay for those positions is really LOW (near what my wife earns) for the title, that there are many credit issues for some incoming candidates and new hires. Judging from my wife being in charge of Personnel on her old job I can tell you that there are many Armani suited folks by day who are moonlighting at night for 10 bucks an hour!
          Last edited by robivi3; 03-15-2007, 05:34 AM.
          "You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers

          Join the Mobile Infantry and save the world. Service guarantees citizenship.

          Comment

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