Can an employer not hire me because I filed for bankruptcy? 19 Answers as of June 29, 2013

I filed for bankruptcy last year and some how a potential employer found out about it. They told me I can't be a part of their team since a bankruptcy "shows no responsibility" for my actions. Can they do that? Is there a way to hide my bankruptcy?

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Burton Green, Attorney | Burton Green
You cannot hide your bankruptcy because bankruptcy filings are "public records" available to anyone who knows how to find them. Bankruptcy laws do not protect you from a future employer who does not want to hire you. Only certain factors are unlawful employment discrimination and the filing of bankruptcy is not one of those. My advice is to move on and seek employment elsewhere.
Answer Applies to: Florida
Replied: 6/25/2012
Evan Guthrie Law Firm
Evan Guthrie Law Firm | Evan Guthrie
In South Carolina that can be a legitimate reason for not hiring.
Answer Applies to: South Carolina
Replied: 6/22/2012
Barbara Fontaine, Esquire | Barbara Fontaine
Most employers are free to hire or not, so I think you are out of luck on this. Bankruptcy filings are public documents. If you hide it and get hired, you will be fired later.
Answer Applies to: Rhode Island
Replied: 6/21/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
It is illegal to discriminate against someone who files bankruptcy as to employment, public or private. You can file a lawsuit since they admitted they broke the law. Your bankruptcy will stay on your credit report for 10 years and then it will automatically drop off your record.
Answer Applies to: California
Replied: 6/20/2012
Lynn Boak, Attorney at Law P.C.
Lynn Boak, Attorney at Law P.C. | Ethelyn (Lynn) Boak
A bankruptcy filing is a matter of public record and cannot be hidden. Employers have the right to consider things like that in making hiring decisions.
Answer Applies to: Wyoming
Replied: 6/20/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally, people are free to hire or not hire any persons for any reasons which are not constitutionally protected. There is no means by which I know of to hide your bankruptcy. I would suggest you look for a alternate potential employer or seek to discuss with the potential employer the circumstances of your bankruptcy if you believe that you can demonstrate that it occurred as a result totally outside of your control. I have counseled various employees regarding how to respond to job application and school admissions where they were asking questions which require some explanation.
    Answer Applies to: Michigan
    Replied: 6/20/2012
    Attorney At Law | Harry D. Roth
    Yes, they can and no, there is nothing you can do about it. Consider yourself fortunate that you found out how stupid those people are before you invested time in working for them.? Some people who file for bankruptcy were irresponsible at one time and a few still are. Most people who file just had a run of bad luck.? Maybe they should only hire lottery winners.? Employers make lots of bad decisions and there is little you can do about it. However, trust me on this. Most employers care a lot more about what you can do for them today and not much about how you handled your money yesterday.
    Answer Applies to: California
    Replied: 6/20/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Arizona is an employment at will state. Within reason the employer can do as he pleases. There is law that prohibits certain employers from firing because an employee filed bankruptcy. In your case, as with many others, it is a shame that any employer would use bankruptcy was a black mark on the potential employee. No, there is no way to hide your bankruptcy. If you lie about it on an employment application that would be grounds for dismissal once it is discovered. Explain your situation to a potential employer before they find it on their own.
    Answer Applies to: Arizona
    Replied: 6/20/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    They shouldn't discriminate against you for that but they are allowed to do so. However, you cannot be fired from a job you have for filing a bankruptcy. Most employers who ask about it will at least ask why you filed and, if it was due to forces beyond your control, don't hold it against you. If they actually cited that as the reason they didn't hire you, then I would suspect they actually didn't want to hire you for some other reason and just used that as the excuse or they are probably a company that you don't want to work for to begin with.
    Answer Applies to: Arkansas
    Replied: 6/20/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    According to some recent opinions. If it was not a public employer yes.
    Answer Applies to: Michigan
    Replied: 6/20/2012
    Steven Alpers | Steven Alpers
    You need to talk to an employment law expert. Most companies in California can choose to hire or fire you for whatever reason so long as it is not some sort of prohibited discrimination (race, sex, religion, etc).
    Answer Applies to: California
    Replied: 6/20/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    They can find out through a number of ways, but it is probably their discretion if they feel that is not acceptable within their company. Bankruptcy will be on your credit for 10 years.
    Answer Applies to: New York
    Replied: 6/19/2012
    Olson Law Firm | Edward M Olson
    You cannot hide your bankruptcy. As a general rule, employers are not allowed to discriminate against you based on the fact that you filed for bankruptcy. On the other hand, certain jobs, mostly dealing with other people's money, can use bankruptcy as a disqualifying factor.
    Answer Applies to: Michigan
    Replied: 6/19/2012
    Alvin Lundgren | Alvin Lundgren
    No way to hide your bankruptcy, and employers can use that information as a basis to deny employment.
    Answer Applies to: Utah
    Replied: 6/19/2012
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    The Bankruptcy Code protects the debtor from discrimination based solely on the fact that s/he has filed bankruptcy. Refusal to hire due to bankruptcy is also prohibited. The facts you have set out are not enough to evaluate the situation. You should contact your bankruptcy attorney to see about filing suit and if pursuing this is an option.
    Answer Applies to: Wisconsin
    Replied: 6/19/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can't hide it. That discrimination is specifically prohibited by section 525(b) of the bankruptcy code.
    Answer Applies to: California
    Replied: 6/19/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    An employer can choose to not hire you for any reason or no reason. You cannot force someone to hire you. Many very famous people have filed for bankruptcy and it just does not carry the social stigma that it used to.
    Answer Applies to: Florida
    Replied: 6/19/2012
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