You cannot be Fired For Filing Bankruptcy in Oklahoma. The State and Federal government provide certain protection for people filing chapter 7 or chapter 13. If you’re considering filing for bankruptcy, you probably have endless questions about your future. One of the main questions may be about keeping your current job or being able to find another job in the future. Fortunately for you the bankruptcy code has log since contemplated the problems faced by people with financial problems. Its only natural for individuals to worry if a business can retaliate against them and terminate their employment after the file.
Will I Lose My Job If I File For Bankruptcy?
You will not lose your job if you file for bankruptcy. Bankruptcy discrimination laws make it illegal for either a private employer or a governmental employer to fire you solely for filing for bankruptcy. The law also prevents employers from firing you for failing to pay a discharged debt or for being insolvent. If you are insolvent, you have more debt than assets.
Will My Employer Know About My Bankruptcy?
Your employer will not automatically know about your bankruptcy. If they are only your employer and nothing else, you are not required to disclose your bankruptcy to them. However, they may discover your bankruptcy if they run a credit history report during their background check.
There are other ways your employer may learn about your bankruptcy. For example, if you owe your employer money for any reason, you must list them as a creditor in your bankruptcy proceedings. Then, they will receive a notification just like your credit card companies.
The other way your employer may learn about your bankruptcy is if another creditor garnishes your wages. During the bankruptcy process, your wages will no longer need to be garnished, so your employer will also receive a notice to stop withholding your wages for the creditor.
If your circumstances do not involve either of the above, then it is unlikely your employer will find out about your bankruptcy. But you may want to disclose your bankruptcy to them depending on your relationship.
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Will It Be Difficult To Get A New Job After Bankruptcy?
Depending on the situation, you may have difficulty getting a new or different job after you file for bankruptcy but probably not. The bankruptcy code protects you from being fired for filing bankruptcy. However, it doesn’t provide protections for obtaining a job after bankruptcy. Although government employers are not allowed to deny or discriminate against potential employees for filing for bankruptcy, private employers can refuse to hire you if they feel your bankruptcy makes you unfit for the position.
Depending on the employer and the job, they may feel that bankruptcy is not ideal for the job they are hiring you to do. For example, if an employer considers hiring you to work with people’s retirement accounts and you have poor money-management experience, they can try to argue you are not a good fit.
In Oklahoma, employers are allowed to run a credit report on potential employees, which may limit your chances of getting a job. However, they must ask permission to run this report. But refusing to let them run this report might imply the very situation you’re hoping to hide.
Oklahoma Bankruptcy Attorneys Near You
Its not been my experience that someone got Fired For Filing Bankruptcy. Its also not been my experience that someone isn’t hired because they filed a bankruptcy. If you are facing a job loss or having difficulty paying your bills for what ever reason bankruptcy might be for you. You should not lose your job if you file for bankruptcy. Finding another job may be more difficult, but it is not impossible. Our attorneys can help you navigate the bankruptcy process and allow you to feel secure in your choice of legal representation. If you are considering bankruptcy, the attorneys at Kania Law Office are ready to help you and be there for you during these challenging times. Call (918) 743-2233 today to schedule your appointment, or contact us here.