[vlandpr]

Bankruptcies are a matter of public record, and my appear on an individual’s credit report. The federal Bankruptcy Act prohibits employers from discriminating against applicants because they have filed for bankruptcy.

[whitesoxfancpa]

Employers can't LEGALLY discriminate, but they most certainly can discriminate.

NJCPA2B, I like your optimism, but come on. Be realistic. An employer can choose not to hire me because I'm short (I'd be average height in China). That's discrimination. Good luck to me proving it.

AUD 96 FAR 95 REG 94 BEC 88

[financeguy]

Onyekaz

You have passed the CPA exam and you have a Masters Degree in Taxation and you applied for an ENTRY level job. That is far more evidence why you did not get the job over anything else.

An entry level job means they want someone with low expectations, probably no real experience, and they are not going to pay them a whole lot.

Employers don't want to put someone of your educational status in an entry level job for various reasons:

1) the work may be below your expectations

2) the pay may be below your expectations

3) they may want to “mold” someone brand new. It is easier to teach something to someone for the first time rather than “unteach” something to someone

4) they may fear that you are only temporarily taking this job until you find a better one

Many, many reasons why they would not hire you. It sounds as if you have ZERO evidence of any kind of discrimination. It is an absolutely tough job market right now, and it could be any number of reasons why a person does not get a job. Jumping to your own conclusions based on no evidence is not going to help you get a job.

No offense to you but it sickens me that your friends encouraged you to file a lawsuit against this employer. I hope that your friends realize that a big reason why so many jobs are outsourced is because the USA is the most litigious country in the world. So here lies some irony: Part of the reason why you may be unemployed right now is because so many jobs have left this country in part by all the lawsuits and regulations.

AUD - 81, BEC - 74, 80, FAR - 82, REG - 81
Done!

[Anonymous]

Onyekaz

Financeguy has a good point. You were way over qualified for an entry level position. Years ago my then manager was interviewing for a position for our group. We were all asked to interview her and give feedback. We had an excellant lady interview, we all liked her, she looked like a good fit. He did not hire her becasue she was over qualified for the position and there was no immediate path for her progress into. He believed dhe would not be happy in the position for long. After hearing his thoughts I agreed. He did her a favor. Sometimes the reasons we don't get a position is not because of discrimination or anything wrong. Sometimes it is just a small thing that sets you apart. These days there are a lot of good candidates for each position. Say positive — you will land the one that is right for you!

[Anonymous]

@Onyekaz I'm with financeguy on this one– you may have been “overqualified” on paper, but whats “on paper” doesn't always determine who gets the job, it's the things you bring to the interview and what you would bring to the firm in terms of work ethic, attitude, etc. etc. Your qualifications are fantastic, and enviable, for sure. But let me play devil's advocate here….

What if they thought your interview went poorly (not saying it did, but you never know)? What if they didn't feel you were a good fit at their firm (you may have been a perfect fit, but it only takes one person with whom you interviewed to feel that way in order for them to pass on you as a candidate)? Long story short– there could be a millions reasons why you didn't get the job, or there could be just one reason. Heck, there could be no reason you didn't get the job and it was (un)luck of the draw. But you'll never know, and it's irresponsible to jump to conclusions about “discrimination.”

[Onyekaz]

Thanks guys for your thoughtful comments. I will keep them in mind.

With the economy in the tank as it is, I cannot help applying for jobs that I over-qualify for. Whether the employer discriminated or not, I did not get the job. And I need one. Any ideas or suggestions on who is hiring? I am in California but I am willing to relocate.

[Anonymous]

I'm sure you've hit a lot of the jobs sites already available to you, but that's where I would start. Look up any large corporations with corporate offices near you…and get the contact information of the HR recruiter. Also, if you don't have a LinkedIn account, I would strongly suggest creating one and getting in touch with former classmates, colleagues, professors; they may know someone or a company who needs someone with your qualifications. Good luck!

[jccjr]

I can say first hand that although the federal Bankruptcy law has code 11-525 in place to protect against discrimination of applicants who have filed, the courts have been siding with the employers for the last 12 months on their hiring decisions based on bankruptcy and the courts have been stating that this protection is stated specifically for those who are already employed but is very vague on those who are seeking new jobs. It is a loophole and I filed ch 13 in 2/2009, have prior big 4 experience, finished CPA in 2010, and not one employer will touch me once they run the background check I authorize during the interview. 10 times since January, I have been declined an offer. Yes, sometimes it is due to qualifications, or not being a right fit. But after a round 3 interview and then I see the inquiry by the prospective employer on my credit report, and then get a nice decline letter just stating that they have decided to seek other applicants.

Be very careful in your decision to file. Your bankruptcy lawyer will absolutely tell you that employers can not discriminate, and it was one of my key questions to my lawyer during the filing process. Either way, the lawyer is gonna get their $5,000 fee through trustee payments, so of course they are going to tell you what you want to hear, not what is really happening, which is discrimination being secretly disguised as qualification issues.

FAR 83 AUD 90 BEC 76 REG 80
DONE!!
Yaeger CPA Review and Roger CPA Review for AUD

[Anonymous]

I have a very big dilemma. I have a large credit card debt on top of my student loan. All of it has been charged off by creditors as bad debt and turned over to collection. I accepted a job offer from a Big 4 firm several months ago as a campus hire. They saw negative marks on my credit report and asked for an explanation. At the time, my accounts were past due but not charged off yet. I was scared to bring up a possibility of bankruptcy in my letter, so I said I would be able to settle my debt for less than full balance and would be debt free by Fall when I start my employment. That was my true intention. I was cleared.

Now, after settling only one account so far, I'm in a position where bankruptcy is looking a much better option for me financially. But I'm afraid it would cost me the job. I'm pretty sure the employer will run another credit check when I start and find out that my accounts have been charged off even if I don't file for bankruptcy. What should I do? Can I ask the recruiter if bankruptcy is an option? Will Big 4 or any other CPA firm refuse to hire me with a bankruptcy mark on my credit report? ;-(

[Anonymous]

So employers can “discriminate” if you have bad credit, but can't discriminate if you have a bankruptcy? I guess I don't really understand the law…I know that bad credit, legally, does keep people from getting offers. Isn't a BK the worst type of “bad credit”?

This isn't a judgment on anyone. Bad credit/BK's happen because of medical debt, layoffs, divorce etc. I guess I just want to understand the law…

[Herbieherb]

hmm this post doubled ^_^

NEW YORK- DONE

[Herbieherb]

Sorry about your situation, but I think since you got past the initial screening, you might be safe.

The potential employers out there don't care what kind of situation you are in to fall into bad credit/bankruptcy. They don't know you but they look at your credit report and see you as irresponsible and a dead beat. Why should I hire you to “protect the public” if you can't even handle your own finances or pay bills on time? The firms believe those with mountains of debt/bad credit/bankruptcy looming over their heads are more likely to commit illegal acts based on pure desperation. Of course they will never say so and they will say somethign else like “We think you are not the right fit for this company” or “we went with another candidate with stronger background” You can sue them if you want for discrimination but how's that going to look on your public record as a “trouble maker” making you even more untouchable

NEW YORK- DONE

[jelly]

Be careful with declaring personal bankruptcy. A friend of mine did so in his late 20s. He's completely reformed in the past 20 years since, paying all bills on time. He's tried, time and time again, to apply for random credit cards, even store credit cards, and has been rejected every time.

For plastic, he uses bank debit cards or credit cards under his company name, or he pays in cash.

Couldn't pass again!

[NJCPA2B]

jelly, if your friend declared BK 20 years ago, then there would be NO record of the BK after 7 years. After 2005, it's 10 years. So your friend should request the credit bureau to remove the BK out of his credit because it's way past due…

CPApal, a BK wipes out all the negative lates and balances owed. So a BK may look cleaner on your credit than a bunch of bad crap…..but if you only have a little bad crap then it would be better to negotiate the bad crap… Also, you can rebuild your credit soon after a BK, you can have a FICO of 700+ 2 years after a BK….., but bad credit looks bad on your credit report because they report lates then charge-offs which then could lead to judgments…and that's uglier than a BK……..Employers know that a BK you're clean and don't have to worry about you stealing money to pay credit cards and judgments..

BEC=77, FAR=78, REG=73,74,80, AUD=70,69, 84 DONE!

[Anonymous]

I agree with Herbie…do you really want future employers to know that you've sued? They'll think you'll probably end up suing them, and pass. It's a lose-lose. Also, I did hear that judges have ruled against a couple of claims in 2010 that had people suing for this exact reason.

Check out Rae vs Federated Investors (a 3rd circuit appeals court upheld the ruling):

https://finance.yahoo.com/news/3rd-Circuit-Applicants-Past-law-2447679499.html?x=0&.v=1

[Anonymous]

I disagree with eployers refuseing employement because of BK. There are many factors for a person filing BK , devorce, job layoof, loss of job no fault of their own. Filing BK is not against the law. Now a background check should be enough for a employeer. There is executives that still money from their companies, they have never filed BK and their FISCO is in the high 700's or low 800's. So that is not a fair tool to judge employees by. There is a reason why it is against the law to descriminate a person for filing BK. The government gives employers a tax break hire to convicted felons, so if you have a person that has filed BK 6 years ago and a person that was released from prison for embelzment, the company will hire the excon first because of the tax break. Insane!!!

[Author]

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