Do I have the right to file a lawsuit to an employer if he or she turned me down for a job due to bankruptcy?
I would like to know if the law prohibits and employer to deny an employee due to bankruptcy filed in his or her credit report.
Answers:
Nope, it does not. If it did, employers would not be able to get a copy of your credit report.
They have a right to know if you are a responsible person. They check the credit report to determine whether or not you pay bills on time (will you be returning calls as you should?), and to see if you have enough sense to stay out of financial trouble. Filing bankruptcy indicates that you accrued more debt than you were capable of handling at the time. This shows that you may not be an acceptable risk for your future company.
However, if you filed due to medical bills, and they were not hiring you due to medical risk, then you may have an ADA claim.
Nope. But you can get a free copy of your bureau report because of it, if you want. Hope that helps.
Nope, they are allowed to reject you if your credit history is unsatisfactory. Why else do you think they check your credit?
No
I can see cases where an employer like a financial institution, credit union, bank etc. might not want to risk hiring someone with a background like that. It might have something to do with having their people bonded or some lingo like that. In cases like those it may indeed be up to the employer to determine if the risk is worth it or not in their own opinion so you might not have any legal recourse. Just my 2 cents.
love frivilous lawsuits! Just because your feelings got hurt just move on and dont try to find free money. A business has a right to know if they hire a responsible person or not and have the right to deny you on credit history.
Nope...some jobs do require a credit check.
Some jobs require credit checks like escrow agents and other jobs dealing with large sums of money so I would assume an employer could do that. They can pretty much do a lot of things as long as it has nothing to do with sex, race or religion.
No it is legal to do a background check which can include looking at your credit. Most corporations are pulling credit now days.
They have the right to inspect your financial history- basically they're looking to see if you are responsible with your own finances, assuming that if you are responsible in that part of your life, you will be a responsible employee. And I'm sorry, I believe that the other answerer is incorrect- the ADA does not specify your right to sue an employer for not hiring you due to a medical bankruptcy. The ADA only helps you if you are denied work based on an actual disability.
you can sue but you cannot sue successfully. Bankruptcy is reason to doubt your trustworthiness and that is enough reason for any business decision in the private sector. For employment, no reason is necessary for rejecting someone. If a reason were required, your failure to meet your obligations would be more than adequate.
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