Job

[JollyGG]

My husband had a second interview with .................... last week. It went really well. Unfortunatelly, he got a letter in the mail today saying he didn't get the job. The letter said that the reason for the decision not to hire him was based on information in his consumer report. His credit report was enclosed with the bankruptcy circled. So he didn't get the job due to the bankruptcy. Which sucks. It isn't a job handling money. It is a database programmer position. The letter did include a number to call. He's going to call and see if he can appeal the decision but we aren't holding out much hope. We also plan to call our lawyer and see if we have any other rights.

[onlineuse]

You cannot be denied employment based on bankruptcy. Most will find another reason, if they actually circled the bankruptcy I'd sue them into oblivion.

[CATCHMEIFYOUCAN]

I hear THAT !

Best of Luck, CMIYC !

[coma]

Sorry to hear that! I thought it was illegal to not hire based on bankruptcy. The fact that the bankruptcy notation was circled on the report pretty much says it to me!

[JollyGG]

My husband plans to call at lunch to see if he can appeal the hiring decision as it is a great job. But as I said before we aren't counting on anything. We sent an email to our bankruptcy lawyer last night explaining the situation and asking him to meet with us and/or refer us to the appropriate resourses to deal with this.

[Minnymouth]

Be sure you "hang on to THAT LETTER and the envelope it came in with the date on it!!!!

Yes, discuss this with you attorney...... this is not a good thing..... and yes I would be finding out if the only reason I did not get the job was because of the bankruptcy.........FUR WOULD FLY!!!!!

Minny

[SamanthaJones]

I'd ask that employer what specifically was on that credit report

that led to their decision, and try to prompt them into admitting it was the bankruptcy. Like, for example: "I just don't understand it- for the LIFE of me I don't see any negative issues on my credit report, and I'm not past due on any account! Can you help me understand, point me to something I may be missing on my credit report?"......~

[Spartan]

Did you owe them any money?

[JollyGG]

Spartan - Neither of us has ever had a this company or done any buisness with them

SamanthaJones - The credit report was included and the Bankruptcy was circled. It was the only thing in the report circled. However, my husband does plan to naively ask "oh, so is your policy to never hire anyone with a past bankruptcy?"

But, before we try to catch them in statements to use against them we want to find out if there is anyway he can still be considered for the job.

My husband has been in networking and support for over 10 years. He got his computer science degree 6 years ago and has wanted to move into programming ever since. This job would have been a great opportunity to make that move.



The lawyer emailed me back and he does want to meet and review the letter with us.

[JollyGG]

We are no where near ready to sue yet.

However, I'm curious, since we are discharged but not yet closed how would that work. Don't know if we will be closed soon or not. Our trustee has our $357 of non exempt tax return to do something with still.

I honestly can't see us sueing over this? But, if we have a case it would seem silly to walk away. Who knows what we will decide. I also am unsure what type of monatary damage we suffered. My husband currently makes around $28,000 a year. The pay range of the new job was $30,000 to $50,000. The main appeal of the job was opportunitees for advancement. There is not a whole lot of advancement in my husbands current position. The new job would have established a work history in programming and allowed significant carreer growth. So I don't know.

[JollyGG]

Update - My husband called ..................... about the letter. He was told that the decision not to hire him was only a preliminary decision. He needed to provide more information and explanation and they may reconsider him for the job. So he explained that we got in over our heads, we looked at credit counseling but bankruptcy was recommended. We are discharged and we pay all our bills on time. The lady said that they would get back to him next week.

I'm not sure if that meant they would get back to him and tell him if they would consider him or not. Or, if that meant they were going to consider him and let him know if he got the job or not.

I guess for now we will wait and see what happens.

Our lawyer is on vacation, but did get back to us saying he would like to meet with us about this issue when he returns.

Hopefully he'll get the job and the meeting with the lawyer will be unnecessary. I guess only time will tell what happens.

[IN-DEBT]

It is not illegal to not hire because of bankruptcy. However, it is illegal to fire someone all ready employeed due to bankruptcy.

[JollyGG]

It is not illegal to not hire because of bankruptcy. However, it is illegal to fire someone all ready employeed due to bankruptcy.

Our lawyer did let us know-

The Bankruptcy Code says:

11 USC 525(b) No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, . . . solely because such debtor (1) is or has been a debtor under this title . . . (2) has been in solvent before the commencement of a case under this title or during the case but before the grant or denial of a discharge; or (3) has not paid a debt that is dischargeable in a case under this title . . .”

A bankruptcy case out of the Southern District of New York (Leary v. Warnaco SDNY 2000, 251 B.R. 656 (Bankruptcy 2363.1) held this applies to all aspects of employment, including hiring.

[SinkingFast]

I am sorry this is causing you so much pain, JollyGG.

Hopefully, this is a case of "One door closes and another opens".

Maybe there's a better job waiting for your Hubby and it just hasn't made itself known yet.

[aa06a47]

Well, they are in definate violation of the law. You have a great law suit and could come out with some major league mad money!!!