Personal bankruptcy? Kiss your dream job good bye...
For quite some time, it's been suitable for financial, gaming and government employees to have their prestige reports checked by their employers. After all, we don't want criminals working in the government (insert your popular joke here).
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But now, the "Credit Police" are infiltrating other industries as well.
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And what as a matter of fact irks me is, they don't have the guts to just come out and say "We don't want population with bad prestige working for us."
No, instead they're using September 11th (911) and an increase in workplace violence as an excuse to check our prestige reports. That's pretty low.
Recently, pre-employment screening agencies have noticed a surge in requests for full background checks, which can study prestige reports as well as criminal records, driving records, and employment and instruction history.
Alert Staffing reports that about 50 to 70 percent of all clubs currently divulge prestige reports, which not only divulge bankruptcies but also liens, judgments, and loan and prestige card payment history.
Many clubs plainly believe that trustworthiness and creditworthiness go hand in hand. Personally, I think that's a crock! I know lots of rich population with high prestige scores, who I wouldn't trust to watch Sparky, my pet goldfish, not to mention my money. On the other hand, I can list hundreds of population who've filed bankruptcy and have poor prestige scores, who I'd trust my life with. However, most business owners believe how we cope things in our personal lives is a sign of how we would carry on a company's assets.
Employers want to know either a possible laborer will be a safety risk, subject to bribery, and willing to give unauthorized individuals entrance to business information. In fact, a friend of mine who used to work at one of the national prestige reporting agencies tells me they were all the time investigating their employees, because of the fear employees might take money to change prestige reports. He tells me it was base to see population escorted out of the construction by safety after they were busted.
The bottom line is that some employers believe that bad prestige shows exiguous accountability and exiguous regard for secrets. But, believe it or not, there's some good news in all this. First of all, the bankruptcy code (even after the up-to-date changes to the law) prohibits employers from discriminating against applicants solely because of the bankruptcy. Also, job applicants and employees up for promotion are not obligated to tell a possible or current boss about their bankruptcy.
So, what should you do when you apply for a new job after you've filed bankruptcy? I commonly recommend two strategies: For jobs where you know your prestige will be reviewed, be upfront and honest about your bankruptcy, and the circumstances that caused it. Honesty is a distinguished tool for getting what you want after bankruptcy.If you're applying for a job that you aren't sure either or not they will divulge your credit, make them love you first...then during the second or third interview interpret what happened. Let's call this strategy "delayed candor." :-) We all know that bankruptcies aren't all the time caused by financial irresponsibility. Don't underestimate your possible employer's ability to understand your situation.
In such a credit-conscious climate, one of your best weapons is to know your rights. While employers can legally quit or deny a job or promotion to those with bad credit, Section 525 of the U.S. Bankruptcy Code prohibits discrimination based solely on bankruptcy.
Furthermore, Sections 604, 606, and 615 of the Fair prestige Reporting Act want employers to consequent a very specific set of rules in order to divulge your prestige reports.
First, they must advise you in writing that your prestige may be used in the job appraisal and accumulate your written authorization before pulling your prestige reports. But remember, sometimes they'll "notify" you in the fine print! In other words, they'll "tell" you without as a matter of fact "telling" you--if you know what I mean. So make sure you all the time read the fine print on all those forms the human resources man hands you during the interview.
Second, if your boss or possible boss sees something on your prestige reports that may cause them to not hire you or fire you, they must send you a "pre-adverse performance disclosure." (That sounds worse than a subpoena--doesn't it?) But the pre-adverse performance disclosure is as a matter of fact your friend. It gives you time and an opportunity to fix incorrect information on your prestige reports. However, the burden is on you to act fast.
If an boss fires you because of information on your prestige reports, they must supply you with an "adverse performance notice." The observation should consist of taste information for the prestige reporting department supplying the report. It should also specify that you have the right to dispute the accuracy or completeness of any information the reporting department furnished and ask an added free article within 60 days.
Ok, how do you prove if you were discriminated against because of a bankruptcy on your prestige reports?
Well, it ain't easy!
The chances for successful legal recourse are good if the only negative item on your prestige article is bankruptcy. Otherwise, it will be difficult for you to prove you have been discriminated against because of your bankruptcy and not your bad credit.
The truth is, if an boss doesn't want to hire you because of the bankruptcy on your prestige reports, then it's pretty easy for them to claim they didn't hire you for an additional one reason. But if an boss offers you the job and then rescinds it, and the background check shows all high marks except the bankruptcy, your chances of mounting a successful case increase. bottom line: If the Only negative item on your prestige reports is a bankruptcy, you have a good opportunity of getting the job than you do if you have lots of other negative items on your prestige reports.
This is why it's so foremost to make sure you get copies of all three of your prestige reports. divulge them thought about and if there are any inaccurate, incomplete, misleading, unverifiable, or outdated items on your reports, get them taken off. I recommend you use an attorney who specializes in prestige law. It costs a few dollars--but I think the end results are worth it. The law firm I used was a life saver.
Can a Personal Bankruptcy forestall You From Getting a Job?House Session 2011-03-08 (15:59:57-16:31:59) Video Clips. Duration : 32.05 Mins.Tags: C-SPAN
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