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What can a employer do to you if they find out you went chapter 13?

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    What can a employer do to you if they find out you went chapter 13?

    Hello quick question need help my husband just got a really big promotion at his office. They had to run background checks and credit checks. No one at work knew went chapter 13 about 3 years ago. It not something you don't run and tell the world. Can they take the promtion away? can they let him go? what can they do to him? Or will they just over look at how hard he works and grade him on that and let him keep the promtion? Please and help thanks chelly

    #2
    Legally they cannot discriminate because of a BK, but who says they will follow the rule of law?
    Filed Ch 7 -- July 9, 2008
    341 mtg ---- August 14, 2008
    Discharged ---- October 17, 2008
    Closed --------- December 11, 2009!

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      #3
      In an "employment at will state" they can terminate you from one day to the next without giving you any reason.
      Don't have the foggiest idea if any companies do credit checks except when they first hired you.
      I had been working for a bank (of all places) for 1o years. During my ninth year I filed bankruptcy. Never was approached about it.

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        #4
        I, too worked in a bank 6 years before I filed. They ran a credit report every year so they were aware of the bankruptcy and nothing was ever said. Two months ago I got a new job with one of the largest health insurance companies. They ran a credit report, but I got hired anyway.
        sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

        Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

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          #5
          If your husband is worthy enough to have gotten a promotion, then in all likeliness he will keep the job. Who in this World can cast the first stone? 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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            #6
            BK effecting employment is more myth than reality. Usually, if someone is fired within a close proximity to their BK, it probably has more to do with their performance than with the BK. As long as you are performing to the employers expectations, no one is going to fire you for filing BK.

            A BK can be hindrance to getting hired for "certain" jobs, but if you already have a job, you are not going to get fired for filing BK.

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              #7
              Originally posted by chellyalb37 View Post
              Hello quick question need help my husband just got a really big promotion at his office. They had to run background checks and credit checks. No one at work knew went chapter 13 about 3 years ago. It not something you don't run and tell the world. Can they take the promtion away? can they let him go? what can they do to him? Or will they just over look at how hard he works and grade him on that and let him keep the promtion? Please and help thanks chelly
              Briefly and basically, he cannot be fired just for filing bankruptcy. If he is now stepping into a position where he has to sign an employment contract (i.e., senior manager or executive position), in that employment contract may be a clause that states that if he files bankruptcy during the course of his employment, he has to notify his employer. So if he falls into that realm of having a contract with a clause of that nature, it would be to his best benefit to notify his supervisor or HR of his present situation. If your husband is a good employee with a good record at this company (I am assuming he is if he got a big promotion), you probably don't have a thing to worry about. If this bothers him tremendously, he can always sit down confidentially with HR and/or his direct supervisor and open up so he won't have to feel like he is walking on eggs. Under the circumstances you are describing, I seriously doubt if your previous filing will affect him in any way unless the company he is working for has clients that may have been included as creditors in your filing. That could put the company in a tough position if he does work for/with that client and that is usually why those clauses are put in management/executive employment contracts.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

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