Will an employer see if I filed for bankruptcy? 18 Answers as of July 11, 2013

I have seen different responses to this question: Do employers run checks to see if an applicant has a history of bankruptcy? Is an employer allowed to ask about the details about this personal matter?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
The employer is only allowed to run a credit report if you consent to it. If they run a credit report, they will see your BK 2
Answer Applies to: Washington
Replied: 7/14/2011
Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
Depending on the industry in which you work an employer could conceivably run a check on your background and determine if you have filed bankruptcy. However such instances are rare unless you are working in the finance world or are originating loans. There is also the risk of publicity if you are involved in running for a government office that is in the public eye. Otherwise in my opinion that likelihood of an employer finding out due to a background search is incredibly slim. If this is something that still worries you, more information can be provided depending upon the specific details of your situation. Thanks for tuning in.
Answer Applies to: Connecticut
Replied: 7/6/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, they can ask, (unless it is a government employer).
Answer Applies to: California
Replied: 6/26/2013
Probably only if you apply for a new job and they check your credit.
Answer Applies to: California
Replied: 7/4/2013
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
A bankruptcy filing is reported on your credit report for 10 years so an employer will see it if he looks. There is a statute preventing discrimination based solely on one's filing bankruptcy.
Answer Applies to: Georgia
Replied: 7/5/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    There is a provision under section 525 of the bankruptcy code that prevents discrimination in employment, whether public or private. On the other hand a prospective employer can ask about bankruptcy or run a credit report. It is best to be honest about this.
    Answer Applies to: California
    Replied: 7/5/2011
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    Yes, many employers will insist upon looking at your credit history or asking you if you have ever filed bankruptcy, prior to hiring you. A recent court case by the 5th Circuit Court of Appeals held that private employers can discriminate against someone in the hiring process, by reason of filing bankruptcy. That doesn't mean that they will necessarily not hire you because you filed bankruptcy or had bad credit, but they are entitled to consider that as a factor in their hiring decision. Once you are hired, it is a different matter. Sec. 525 of the Bankruptcy Code, federal law, prohibits private employers from discriminating against their employees (who are already in their employ) solely on the basis of their having filed bankruptcy, or not paid a debt that is dischargeable under the Bankruptcy Code. A governmental unit (public employer) is not permitted to discriminate against people that have filed bankruptcy in the hiring process, or once they are employees. If you are already hired, will your employer find out that you filed bankruptcy? As a rule, once you are hired, I'm not aware that employers routinely run credit checks of their employees. They would likely need your written permission. But bankruptcy court records are public records, and it would be a simple matter for an employer to find out, if they wanted to. Once you are hired, however, they would need some other reason to fire you, as they cannot legally fire you solely for filing bankruptcy or not paying a dischargeable debt. Of course if they have another, non-discriminatory reason to fire you, such as bad performance, etc. then they could fire you for that reason.
    Answer Applies to: Texas
    Replied: 7/5/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    An employer may ask but you do not need to respond. An employer must affirmatively search the bankruptcy docket or pull a copy of your credit report to see if you filed for bankruptcy.
    Answer Applies to: Arizona
    Replied: 7/5/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    A bankruptcy filing is a public record and anyone who wants to can search for your filing and review the records. Some employers run background checks on potential employees. Some do not. It is illegal for an employer to terminate you or to refuse to hire you solely because of a bankrutpcy filing, but the information is available if an employer wants to look for it.
    Answer Applies to: Colorado
    Replied: 7/5/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You will get different responses because bankruptcy law is not clear and there is no definite bankruptcy court decision affecting California bankruptcy debtors that prohibits employment discrimination because of bankruptcy. In some other areas of the country the courts have said that the employer can discriminate because of bankruptcy to some extent. There are protections under California law that may apply to protect persons who have filed for bankruptcy, so directing the question to an employment law attorney might get you a better response. You can also contact the California Employment and Housing Department for information. Some employers check for bankruptcy filings, particularly where ability of employee to manage finances is pertinent. The employer will not automatically find out about the bankruptcy but it is a public matter and anyone who wants to find out will find out. Just because it is a personal matter does not mean the employer cannot check the record. It is a public legal case just like a lawsuit against a person for fraud or a criminal prosecution. So the question is whether it is a public matter or a private matter. Bankruptcy is definitely a public matter.
    Answer Applies to: California
    Replied: 7/5/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    A bankruptcy is a public record matter, not personal. Anyone who knows how can get a copy of the Petition on line. It will appear in your credit report for up to 10 years after filed. If your employer regularly runs credit checks on employees then it will be discovered. In certain cases, for example where a federal security clearance is an employment requirement, you would be well advised to report the fact that you intend to file well before you do, as it is likely the attempt to conceal it will result in revocation of your clearance.
    Answer Applies to: California
    Replied: 7/5/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Many prospective employers do check credit and they will know. It can affect future employment. Present employers will know about a 13, but usually not about a chapter 7.
    Answer Applies to: Georgia
    Replied: 7/5/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    They can but they rather see if you did something positive to resolve your debts than just let it linger.
    Answer Applies to: California
    Replied: 7/11/2013
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    It's possible but not likely. I rarely ever see employers pull credit history. Some government and military jobs require a security clearance, which would make this relevant. For further information, its best to consult with an experienced attorney. Any good attorney will give you a free initial consultation.
    Answer Applies to: California
    Replied: 7/1/2011
    Evan M. Altman Attorney at Law
    Evan M. Altman Attorney at Law | Evan M. Altman
    It depends on how much they dig into your history. No way to know for sure.
    Answer Applies to: Georgia
    Replied: 7/11/2013
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Filing bankruptcy is public record and they could see it on your credit report if they decided to look it up. In most cases, your employer will only be notified if you need to stop a garnishment or are filing for chapter 13 and the payments are coming out of your check.
    Answer Applies to: Washington
    Replied: 7/1/2011
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