Can they do this???

[pc13854]

I applied for a position with the police department of a mid-sized city last summer (a desk job not dealing with money).

I filed for chapter 7 bankruptcy in October of last year and went to the interview for the job soon after. I did not disclose my bankruptcy filing at the time because it was never asked of me (on the application or at the interview). In January, I was discharged and around the same time, I was told they were interested in hiring me, I just had to fill out a background check. I was very honest in it and had no criminal history, the only bad thing was my bankruptcy.

I received a letter a week afterwards, saying that I needed to call them immediately regarding my background check (considering how long this process was, I knew it could not be good since they took so long for every other aspect of this interview). Enclosed was a copy of my credit report with half of the items not even showing a discharge. I called them every day for 2 weeks with no response, just a voicemail that was full (its nice when they give the brushoff!). I finally got in contact with someone and my worst fears were confirmed: due to the bankruptcy being so recent, they could not hire me, no ifs, ands or buts. The woman said maybe in 5 years or so I could try reapplying, but for now, it was a no.

Is this even legal? I received a letter with my discharge that states that it is illegal to deny employment solely because of my bankruptcy. And this is exactly what happened! Maybe I am misreading the letter, but definately need some advice! I know I would have gotten the job otherwise and it is disheartening that I cannot get a job where I would make 3 times the amount I make now because of my bankruptcy. In the background check I filled out, it even states that even if you were convicted of a crime, it doesn't automatically mean you will not get the job...so now I feel like I am being treated even worse than a criminal

[SinkingFast]

It is illegal to discriminate in hiring based on BK. You are correct in how you read the letter.

Your BK should not have cost you this job.

But you did say something else about your credit report. If you haven't already, you need to go to work on cleaning up your credit report. Get the errors fixed.

You can order copies of all 3 credit reports at

http://www.freeannualcreditreport.com

Check for any errors and get those fixed.

I am sorry this has happened to you. I do hope this will never happen again.

That you will have another, even better opportunity made available to you in the near future.

[Minnymouth]

If you can prove that you were turned down on this job due to "filing bankruptcy" only............. you have a law suit. If it states in your letter you received from them that you were not hired or considered due to you filing bankruptcy, then you need to contact an attorney and discuss it with him.

[pc13854]

I did let the person I spoke with know that the credit report was incorrect and she specifically told me that it did not matter because the bankruptcy would not allow me to have the job...thanks for your help, I will first contact the attorney who did my bankruptcy and see what I should do. Thanks!

[aa06a47]

Not sure they can discriminate against you for this unless you are required to have a security clearance. Many people who work for the government lose there job if they go into bankruptcy due to the fact they generally will lose there security clearance. The reason is not so much the bankrutpcy, but the fact that you cannot hold a security clearance if you filed bk.

[pc13854]

Nope, there was no security clearance involved or ever mentioned to me. I would never have applied, even before I went bankrupt, if I needed to gain security clearance.

[sand77]

I work for a law enforcement agency and I do know that poor credit history (including Bankruptcy) is a "disqualifying factor" in our department for only those applying for a Peace Officer job. I work as a secretary for a juvenile detention facility so i'm off the hook. : )

This is what they state in their application:

"It shall be our policy to NOT hire applicants who are presently undergoing action in bankruptcy court in any state, on either a personal or business level, or applicants planning to file a bankruptcy in any state on either personal or business level" It also states: "The applicant must have demonstrated financially responsible character traits in order to apply for any peace officer position".

I know it sounds kinda mean, but I guess it must not be illegal since it's a government agency. One co-worker of mine told me that they may reconsider after two years of filing bk if you can show good credit stability.

[Minnymouth]

Okay,
DO THEY FIRE those on their force that do claim bankruptcy............. DUH...............
That's what I would be finding out.......!!
If the policy is NOT TO HIRE - then they should have a policy in place regarding also ones that do claim bankruptcy that are on the force...........
That's what I would find out!!!

It they have a policy in force for those that are already hired and file bankruptcy then there is no discrimination,
IF NOT - then its considered discrimination...............

Let me know what you find out.......

[pc13854]

I work for a law enforcement agency and I do know that poor credit history (including Bankruptcy) is a "disqualifying factor" in our department for only those applying for a Peace Officer job. I work as a secretary for a juvenile detention facility so i'm off the hook. : )

This is what they state in their application:

"It shall be our policy to NOT hire applicants who are presently undergoing action in bankruptcy court in any state, on either a personal or business level, or applicants planning to file a bankruptcy in any state on either personal or business level" It also states: "The applicant must have demonstrated financially responsible character traits in order to apply for any peace officer position".

I know it sounds kinda mean, but I guess it must not be illegal since it's a government agency. One co-worker of mine told me that they may reconsider after two years of filing bk if you can show good credit stability.

Thanks for the information...there was nothing stated on the application (I went over it with a fine tooth comb because I wanted to be sure) regarding this, and I even thought that maybe since it was not a private company, I would be in the wrong. I was not applying for an officer job, it was a job where I would be looking at already public records.

I am normally the type of person who would just let things like this slide, but this was literally my dream job and what I went to school for, so it is a little unsettling to me that I did not get it solely on the fact that I hit a rought patch financially.

I am not holding my breath on anything, but will contact an attorney just to make sure...I will keep you posted

[edwards2]

pc13854 - I am so sorry...it does sound like you are "no pun intended" getting a bum rap. My husband, we think, was turned down for a job for the same reason. He has a job but he applied for a city engineer's job in our town. He was already on their Planning Commission, knew a lot of people in the town and had even worked with several people at a similar job. He was practically told he had the job. Weeks went by - we didnt stress because it was a township...beaucracy....but then I had this uneasy feeling which turns out to be right most of the time - that he wasnt going to get the job. Turns out they had an applicant with a zillion hours of experience - not the kind they needed that my husband had - and he looked like the frontrunner. Somehow he visits the town and either turns down the job because of the pay or they changed their minds...we dont know which. Anyway my husband was supposed to be the "second choice" but they didnt hire him either. I would have gone off on them but my husband, who was naturally ticked, let it go. I took them to task via email - no avail of course but it made me feel better. Sorry to be so long winded...bottom line I think either they checked his credit or his personal experience was too much for them to handle. It isnt right. We go through so much with BK. Maybe the present employees were "grandfathered" in.

[fellowpoorman]

Well calm down, that is the situation, what can be done? most likely nothing. Its funny cuz just today I thought about going for a Police officer job, I had considered this exact situation and concluded that I would be turned away, discrimination .. Yes.. But what can you do about it. Continue the Ch 7, theres more to life, anyhow what can happen if the creditors come after you, You can't pay right? what are they gonna get, $10 bucks a month.

[alh]

Bankruptcy does not mean you cannot get a security clearance. It depends on the circumstances. It many cases it can even help as one of the reason they are concerned about debt with security clearances is that someone many have to resort to illicit activities to pay it. Bankrupty can clear that up.

Do a Google search on bankruptcy and security clearance.

[aa06a47]

Took your advice and found this at a site:


Will Bankruptcy Affect My Security Clearance?
The status of your security clearance can be affected, but it is not automatic. The outcome depends on the circumstances that led up to the bankruptcy and a number of other factors, such as your job performance and relationship with your chain of command. The security section will weigh whether the bankruptcy was caused primarily by an unexpected event, such as medical bills following a serious accident, or by financial irresponsibility. The security section may also consider the recommendations and comments of your chain of command and co-workers. This is an issue that can be argued both ways, so as a practical matter, your security clearance probably should not be a significant factor in making your decision about whether to file bankruptcy. The amount of your unpaid debts, by itself, may jeopardize your clearance, even if you don't file bankruptcy. In that sense, not filing for bankruptcy may make you more of a security risk due to the size of your outstanding debts. By the same token, using a government-approved means of dealing with your debts may actually be viewed as an indication of financial responsibility. Eliminating your debts through bankruptcy may make you less of a security risk. There is no hard and fast answer here, with one exception: it never hurts to have a good reputation with your co-workers and your chain of command.



I don't know what I'll do. Darned if I do, Darned if I don't.

I know if you have a "Q" clearance, you lose it when you file bk. I use to work at a place and held a Q clearance. I watched security guards come in (without warning) and walk a man out. After the dust settled, we found he had filed bk. I don't know if he lost his job, I do know I never saw him again.

[HopeinHorizon]

Is this for life that you lose the ability to have clearance or just for the 10 years it shows on your credit?

A background search includes criminal and credit check, but do they also do court record searches on you too... so a bankruptcy affects you for life, or jsut for the time it appears on your credit?

[alh]

I think you have to be careful about reading too much into someone being walked out and having declared bankruptcy. There could be many reasons why he was walked out. Maybe he was a heavy gambler and had to declare BK to cover his losses and it was the gambling and not the BK itself that affected his job. There could be lots of other things going on.

In all of the information I have seen a lot has to do with WHY you filed BK not just the fact that you did file.