Job offer in limbo because of credit check

[MonnaB]

I interviewed for a company on Tuesday. The position is financial reporting not handling money. Wednesday I was asked to fill out background/credit check approval forms. I sent the forms back with an email stating my husband filed for Bankruptcy in 2010 which affected me also. She wrote back "thanks for letting me know". The next day I received an official offer of employment starting Monday at 9:00am. The offer spelled out salary, supervisor, time to report, benefit package etc.Thursday night I was asked to give three professional references. Friday morning all references were checked.

I call Friday afternoon to confirm my Monday start time and I am told the VP of HR (who has been out of the office all week) has to approve me first because of the BK so its on hold until at least Monday morning. HR lady tells me my resume was fantastic, references were great and I interviewed wonderful but they usually don't hire people with BKs and it has to be approved first. The HR lady has only been with the company for two months and had never crossed this situation.

I am in a right to work state but does this sound legal? Can they rescind an offer after coming right out and saying it was because of the BK?

[justbroke]

Financial services positions may be impacted by a bankruptcy. Since this is not directly your bankruptcy, it probably won't matter. The law in 11 USC 525(b), which prohibits the firing or discrimination against an "active" employee, does not apply to a person who is not yet hired.

In most cases, many employers would overlook bankruptcy if it's not a financially related position, a corporate officer, or other position of fiduciary responsibility.

Most District Courts and Appeal Courts have heard this so-called discrimination against the un-hired person and have ruled consistently; that is that they can discriminate solely for bankruptcy. I particularly like companies that look deeper and don't look "solely" at the bankruptcy.

[LadyInTheRed]

In this case, I agree with the article at http://blog.oneillaw.com/blog/?p=111. "The Law is an Ass."

MonnaB, I hope they do the right thing and hire you. They do realize it was your husband who filed BK and not you, right?

[MonnaB]

It was his business in which he used our personal credit cards to finance inventory, so I'm not innocent in the entire situation. I just am so disappointed because if this falls through I don't know where to go. I've got an MBA in Finance and can't work in the Finance industry.

[Flamingo]

Unfortunately, their company policy probably indicates that before they hire anyone with a BK on their records/in their background, special permission is required. Since this appears to be mostly due to your husband but your name is still involved as it is obviously showing on your credit reports, it should not affect you at all and your chances of getting the position are probably great. It all depends on what the company needs to do as to compliance as to this situation as to corporate policy and their hiring/legal requirements. If they want you, they will find a way to retain you. Best of luck - hope all goes well.