When you find yourself in debt, you may find that your only option to help recover is to file for bankruptcy. While this is not a decision that should be taken lightly, it can be incredibly beneficial to help you receive a financial fresh start. However, one aspect that may make you hesitant is the idea that you could be fired following your filing. If this is the only aspect holding you back, you’ll want to keep reading to learn how this process works and the impact it can have on your future and current employment opportunities. The following blog explores what you should know about these circumstances, including the importance of working with a Montgomery County bankruptcy lawyer to explore your options.
Will I Be Fired if I Declare Bankruptcy?
First and foremost, it’s imperative to understand that you cannot be fired for filing for bankruptcy. This is because the Bankruptcy Code declares this illegal. As such, if you believe you were fired for declaring bankruptcy, you may have grounds for legal action.
However, you should note that the odds that your employer discovers your bankruptcy filing are low. This is because in the vast majority of cases, your boss will not be notified of your filing. While these are technically public records, your employer would need to know where to look to locate this information. However, if your wages are currently being garnished, you’ll find that your employer will be notified, as they must cease the garnishment in accordance with the automatic stay.
If your employer discovers your bankruptcy filing, you’ll find that in the vast majority of instances, they are understanding of your circumstances and will appreciate your efforts to regain control of your finances.
Can Bankruptcy Impact Future Employment Opportunities in PA?
While you cannot be fired for filing for bankruptcy, you’ll find that it could have an impact on your future employment opportunities. Generally, you’ll find that government entities, like local, state, and federal offices, cannot take previous bankruptcy filings into consideration when hiring. However, this does not extend to private employers. It’s critical to understand that employers must have your consent to run a background check on you, but if you do not consent, it can end the hiring process.
In most instances, prior bankruptcy filings don’t have a considerable impact on hiring. However, this is not the case for job openings surrounding finances. If you are applying for a payroll job, an accountant position, or even an assistant controller job, your bankruptcy filing can disqualify you. If you are applying for one of these positions, you should be upfront and honest about what your potential employer will find.
When you are ready to pursue bankruptcy, it’s imperative to understand the importance of discussing your legal options with an experienced attorney. At Mudrick & Zucker, P.C., we understand how difficult these matters can be, which is why we will do everything in our power to assist you through these difficult matters. When you need help, our firm is here. Contact us today to learn more.
