Protecting Your Job And Career When Pursuing Personal Bankruptcy
Some people fall deeper into financial trouble because they wrongly assume that filing for bankruptcy will have a negative impact on their careers. Both public and private employees have protections against discriminatory treatment, but the specific provisions differ based on the job and situation involved. At The Law Office of Andrew M. Doktofsky, P.C., I offer comprehensive counsel for bankruptcy and debt relief matters to clients on Long Island and throughout Long Island.
In many cases, I can show you how taking steps to relieve your debt won’t hurt – and might actually help – your employment prospects. Past due bills and other obligations don’t go away on their own, so it’s important to take action. Whether you work for the government, in finance or in any other industry, my firm will not only help you get over your debt issues but will also strive to minimize any disruption to other aspects of your life.
There Are Legal Protections Against Bankruptcy Discrimination In Employment
Creditors, collection agencies and other parties with an agenda often try to apply a moral stigma to bankruptcy, but many filings are triggered by events beyond the debtor’s control, such as a medical condition or job loss. Employers should understand this, and that’s why I am dedicated to upholding the rights of employees in matters relating to bankruptcy and these entities:
- Public employers – Section 525(a) of the Bankruptcy Code prohibits public employers from discriminating against job applicants and present workers because they have filed for bankruptcy.
- Private companies – Nongovernment employees are covered under Bankruptcy Code Section 525(b). But while existing employees cannot face job action based on debt or bankruptcy, most courts have allowed private companies to deny employment to applicants for these reasons.
- Licensing authorities – Real estate licenses and other government-issued authorizations should not be affected by bankruptcy based on Section 525(a). Other professional licensing authorities might have more leeway, but personal debt problems can often be overcome as long as the circumstances causing the issues don’t reflect on the person’s honesty or work performance.
Whatever led to your money troubles, my firm will give you an honest, thorough evaluation of your options, starting with a free initial consultation.
Special Considerations For Finance Industry Professionals
In the finance industry, access to funds creates natural concerns about employees’ credit records, but it’s important to remember that you cannot be fired simply because you have filed for bankruptcy. Financial background checks are commonplace, but taking responsible action to discharge your debt starts the process of restoring your credit rating, perhaps more quickly than you think. FINRA and other licensing authorities require the disclosure of bankruptcies, but it is a bigger problem to mislead authorities or avoid your personal financial challenges. By examining the duties associated with your current or prospective financial job and dealing with your money concerns in a sound, forthright manner, my firm will give you the best chance to work in the position that you seek.
What If Your Job Requires Security Clearance?
Don’t assume that seeking bankruptcy protection will have a harmful effect on your ability to keep or take a job that requires a government security clearance. It’s important to remember that bankruptcy is a legal, court-supervised process designed specifically to help people overcome their financial troubles. Alternatively, someone who hasn’t taken positive steps to relieve their debt could present a risk of being compromised or might lack the focus needed to perform security work effectively. Whether you already hold a security clearance or not, I’ll examine your particular circumstances and advise you on how similar matters have been handled.
Contact A Dedicated Bankruptcy Attorney For A Free Consultation
The Law Office of Andrew M. Doktofsky, P.C., in Huntington, advises clients across Long Island and in the five boroughs of Long Island on a full range of bankruptcy law matters. Please call 631-812-7712 or contact me online to schedule a free consultation at my office in Huntington.
This is a debt relief agency. I help people file for bankruptcy relief under the Bankruptcy Code.