Does it matter to employers that I am filing for bankruptcy? 3 Answers as of November 03, 2010

I had to file for Chapter 7 bankruptcy because I was laid off and could not pay my debts. Now I am looking for a new job in the same field as a structural engineer and I was wondering if I need to tell my potential employer that I am in the process of filing for bankruptcy or if it is irrelevant.

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The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Employers are strictly prohibited from discriminating on the basis of you having filed a bankruptcy case. If you can prove that you did not get a job as a result of filing bankruptcy, you can sue them under section 525 of the Bankruptcy Code. However, it is difficult to prove why you were not hired for a given job, and it does matter for some reason to some employers. It really depends on the individual job.
Answer Applies to: California
Replied: 11/3/2010
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
To some employers it will matter. Usually they will ask you about it if they care and it is best to explain the circumstances. Given the current economy it should not be a major factor.
Answer Applies to: California
Replied: 11/2/2010
Law Office of David P. Farrell
Law Office of David P. Farrell | David Farrell
There is no need to divulge your bankruptcy filing unless asked about it. The bankruptcy code prohibits employers from terminating employment and/or discriminating against an individual for filing bankruptcy. However, as a practical matter, proving you were discriminated against will be difficult.
Answer Applies to: California
Replied: 11/2/2010
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