Contact Us
Phone: 423-205-7744
Location
4416 Brainerd Rd.
Chattanooga, TN 37411
Hours
- Mon - Fri
- -
- Sat - Sun
- Closed
Call Now 24/7 Free Consultation: 423-205-7744
Can My Tennessee Bankruptcy Impact My Job Search?
If you are worried about bankruptcy negatively affecting your employment, you probably shouldn’t bother worrying. It is illegal for employers to fire someone because they filed for bankruptcy. However, the story is a little bit different if you are currently looking for a job and need to file bankruptcy. Being denied employment due to an in-progress or recent bankruptcy is not outside the realm of possibility.
Can an Employer Decline to Hire a Job Applicant Based on a Record of Bankruptcy?
According to the law, private employers may deny an applicant a position if they are in bankruptcy or recently filed bankruptcy , but public employers are not offered this same luxury. Bankruptcy code prevents governmental units (public employers) from denying employment or terminating employment due to bankruptcy. Bankruptcy Code also governs the behavior of private employers, but in a separate section.
What Protection Does the Bankruptcy Code Offer Petitioners with Private Employment?
In Section 525(b), Bankruptcy Code prohibits employment discrimination based on bankruptcy, but it does not prohibit “denying” employment to a bankruptcy petitioner. Bankruptcy code prohibits private employers from terminating employment or discriminating against someone due to bankruptcy, but there is no mention of job applicants being denied work based on bankruptcy.
Can a Private Employer Deny a Job Due to Bankruptcy?
While some may argue that a plain reading of the Bankruptcy Code seems to prevent private employers from denying employment based on bankruptcy , case law has a history of trending in the other direction. The vast majority of cases ended with courts finding that private employers are not subject to liability for denying employment.
Bankruptcy and the Job Search:
If you are considering filing bankruptcy and you are currently looking for a job, you may want to consider some practice advice. Remember that an employer’s hiring or firing decision may be based on any number of multiple factors: the applicant’s credit score, a financial history screening, experience, education, personal demeanor, etc. While an employer may have the right to deny you employment based on a record of bankruptcy, that doesn’t mean that the employer will deny you the job. The potential harm a bankruptcy can have on a job search also depends heavily on what type of job is being considered. For instance, when seeking a job as a financial advisor, it may be given more weight during the hiring process than if applying for a job as a graphic designer.
If you are avoiding bankruptcy because you fear the effect it could have on your job or job search, don’t hesitate. Call Kenneth C. Rannick P.C., Tennessee, and Georgia bankruptcy attorney. We help good people through bad times.
The post Can My Tennessee Bankruptcy Impact My Job Search? appeared first on Kenneth C. Rannick, P.C..
Schedule a Case Evaluation
Contact us now!
Homepage FCE Form
By submitting this form, you agree to be contacted by our law firm, either by phone, text or by email.
Hours
- Mon - Fri
- -
- Sat - Sun
- Closed
Flexible Appointment Scheduling
24/7 Phone Availability
*$0 down to get your Chapter 7 case started applies to clients who choose to file a Chapter 7 bankruptcy with the U.S. Bankruptcy Court through Kenneth C. Rannick, P.C. We will open a Chapter 7 file for a client with as little as $0 down, however, our office will not file a client's Chapter 7 without an affordable down payment on attorney fees.
*$0 down to get your Chapter 13 case started applies to clients who choose to file a Chapter 13 bankruptcy with the U.S. Bankruptcy Court through Kenneth C. Rannick, P.C. Our law office will file a Chapter 13 without requiring any costs or attorney fees paid upfront for qualified clients who 1) have not had a prior chapter 13 dismissed within the past year, and 2) are not trying to stop a foreclosure within 20 days of filling bankruptcy.We are a debt relief agency.
We help people file for bankruptcy relief under the Bankruptcy Code.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.