With a high unemployment rate in the state of Florida, many residents are having a fairly difficult time landing jobs.   These residents, without jobs, are likely also to be the same residents who have debt issues.   At least once a week I have a potential client ask me the following question:  I am currently unemployed and applying for jobs, will the filing of my bankruptcy hurt my chances of gaining employment?

Unfortunately, if you are APPLYING for a job in the PRIVATE SECTOR (non-government), then the address is Yes.  If you are applying for a job in the private sector, the employer has the right to discriminate you based on your credit/bankruptcy history.   Whether or not the employer runs a credit check on you and discriminates against you, because of your bankruptcy filing, is only determined on a case by case basis.  More likely than not, jobs in the financial sector or any job requiring entrustment with monies will likely run a background check on the potential employee.

The Bankruptcy Code has an anti-discrimination policy and it applies to government entities and current employers only.   The Bankruptcy Code’s anti-discrimination provision does not prohibit a private employer from denying employment to an individual on the ground that he is or has been in bankruptcy

If you are thinking of filing for bankruptcy in South Florida and you would like to schedule a free consultation with a local bankruptcy attorney, then contact Ofer Shmucher at Shmucher Law, PL by calling 954.309.5559 or 305.741.5553.  Shmucher Law, PL offers free consultations in any of the following office locations Boca Raton, Fort Lauderdale, Miami, Plantation, and Sunrise Florida.