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employment offer got pulled after credit pulled

The last post in this topic was posted 5242 days ago. 

 

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well GEORGE, that was her RESPONSIBILITY to not have her ID stolen!  and i doubt that she was a good worker GEORGE, didn't you say she had bad credit?  :sorry:

THE ID THEFT CAUSED THE POOR CREDIT

 

Like credit card/loan FRAUD

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Well the law says you cannot deny someone a job on the basis of bankruptcy.

 

Where can I find this? I am not sure that would be the case... I wish , but... :sorry:

 

 

Just for the record , in my case....

1. Ex g/f conned me out of mid five figures in less than a year.

2. I financed a New car for her and she decided not to pay it = repo

3. Around the same time, I got laid off.

 

Could it have been worse? Hmm....guess not...

 

Not sure if I mentioned b4, my career is finance, so I understsand the logic behind it, trends..... but of course, I have an exception (doesn't everyone... ) :P

 

I am going to visit the employer tommorrow and see what I can do.... too much money on the line to walk away from it.... :lol:

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my advice is to not go in there spouting off the law and such. offer your explanation for your current situstion if you feel it prudent. then explain to him how good of a worker you can be given the right opportunity. let him know that this job means a lot to you and you will take this opportunity and go above and beyond what is called for. i'd also ask him if he will try you on a trial basis--one month--at a decreased salary. if he is pleased with your job performance, then he can retain you at the agreed upon rate. perhaps this will catch his attention and show him your willingness to atone for your credit mistakes.

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Well the law says you cannot deny someone a job on the basis of bankruptcy.

 

Where can I find this? I am not sure that would be the case... I wish , but... :)

 

Here is some info you might find useful...

While other black marks in your credit report can be used against you, technically a bankruptcy cannot. Under Title 11 of the U.S. Code, employers are prohibited from discriminating against someone who has filed for bankruptcy. Since most people have trouble paying their bills before they file, this is often a moot point -- the employer can point to that history as the reason for the “adverse action.” If an employer makes the mistake of citing your bankruptcy as the reason you were fired, not hired or denied a promotion, though, you might want to consult a labor attorney about a lawsuit.

 

An employer is supposed to tell you if credit information is used against you. If an employer uses credit information to deny an applicant a job, fire a current employee, rescind a job offer or cancel a promotion, federal law requires the employer to do two things:

 

1. Before the “adverse action” is actually taken, the employer is supposed to provide the worker with a copy of the report and an explanation of the worker’s FCRA rights.

 

 

2. After the action is taken, the worker must be told which company provided the credit information, given contact information and told he or she has a right to dispute the report’s accuracy.

 

Most often in companies where credit checks are used on employees, specifically employees with access to company finances, the precedent of denying the employment is used as a rule. If an exception is made for one it could often open the company up to more scruitiny for unlawful employment/hiring practices from others who may have been turned down.

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To the OP... I'm an Accountant too and got the boot back in February for bad credit. Here's the best part. I filed for BK in 1999. What they told me was that they were giving me the ax, not for the BK, but for "the credit cards that were discharged through the BK." That was her reasoning and I have it in writing. Just a way to get around the BK because that was the real reason. She couldn't even pronounce the word "bankruptcy" without stuttering. You can't fire someone if they filed for BK but there are ways around it.

 

I know exactly what you're going through right now and it really sucks. Thinking about where are you supposed to work, are you supposed to change careers after racking up $30K in student loans, how can you pay the rent, going to unemployment and telling them you were canned for bad credit and their reply is "We're going to have to investigate further to make sure you didn't steal from them..."

 

Anyway, look for a small, private company. You will have a better chance than going for a larger conglomerate. That's what I did and I have more responsibility now than before. A few people on here might beat ya up and put you down but nobody should judge you until they walk in your shoes.

 

How in the world are you supposed to pay your bills if your not allowed to work?

 

AND to the poster that won't rent to people with bad credit... Would you rent to Martha Stewart, Bernard Ebbers, John Rigas, all the corporate CEO's that had multi-million dollar salaries.. They had a lot of money. The only problem is that a lot of it didn't belong to them. Do you think any of these people had bad credit? They are all thiefs and bilked others out of tons of money. Having bad credit DOES NOT necessarily mean someone will embellize. Since these people had good credit should we perhaps change the rules to not hire people with GOOD or BAD credit because you just can't take that risk?

 

You should be judged on your CURRENT financial condition, not problems that happened years ago. Especially with a BK... Your debts are legally discharged, you no longer owe anyone money, why would you STEAL???

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Hismom - as someone who is in HR, do you feel the company is granting our OP a meeting in order to place nice? Purely to protect themselves legally? I know that HR departments must be very careful with what they say and what they write, and I find it hard to believe that any HR deparment would leave itself open to a lawsuit by being sloppy in its communication as to say employment is contigent on no BK.

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Hismom - as someone who is in HR, do you feel the company is granting our OP a meeting in order to place nice? Purely to protect themselves legally? I know that HR departments must be very careful with what they say and what they write, and I find it hard to believe that any HR deparment would leave itself open to a lawsuit by being sloppy in its communication as to say employment is contigent on no BK.

 

Mrs Z. You're absolutely correct. They are probably granting the meeting to make sure the original poster understands the grounds for which they are rescinding their offer. They will more than likely state it is not because of the BK, but because of other factors on the credit report. They will also give the OP an opportunity to dispute any of the findings.

 

Most larger companies have a CYA, I know each and everyone who fills out an application for my company receives a separate disclaimer as part of the applicant package which outlines their and the companies rights under the FCRA. As someone who understands credit issues/problems, I personally feel for every applicant that comes thru my door with this type of issue and would grant a meeting to outline the company's position. When you work for larger companies there is not much flexibility with the rulings.

 

If sloppy communication was involved, then I would encourage the OP to seek legal advice. However, most companies aren't naive enough to leave the responsibility of disclosure notification solely to the HR staff and/or hiring manager.

 

In this situation I would have to strongly agree with JrzyDave's recommendation (we've had this conversation before). Seek out small or privately owned companies as they have more hiring flexibility regarding credit reporting than larger public companies. The post Enron Sarbanes Oxley act holds all executives accountable at every level for financial decisions.

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You apply for a job and don't get it based on your CR. BS

 

Tell them to stick it up there A$$

 

It's not worth it.

 

They are going to base your employment on something that happened sometime ago? Go figure.

 

 

What Dumba$$'s.

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Someone correct me but under the FCRA i think their has to be a certain number of yearly gross earnings in order to pull a cr , i may stand corrected but i,m willing to bet there is a non pp pull.

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Someone correct me but under the FCRA i think their has to be a certain number of yearly gross earnings in order to pull a cr , i may stand corrected but i,m willing to bet there is a non pp pull.

YOU AGREE TO LET THEM PULL IN THE FINE PRINT WHEN YOU SIGN THE APPLICATION...

Edited by GEORGE

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Well the law says you cannot deny someone a job on the basis of bankruptcy.

 

Where can I find this? I am not sure that would be the case... I wish , but... :blush2:

 

Title 11, Section 525 ( b ) of the US Code...

 

Section 525. Protection against discriminatory treatment

 

      ( a ) Except as provided in the Perishable Agricultural Commodities

    Act, 1930, the Packers and Stockyards Act, 1921, and section 1 of

    the Act entitled ''An Act making appropriations for the Department

    of Agriculture for the fiscal year ending June 30, 1944, and for

    other purposes,'' approved July 12, 1943, a governmental unit may

    not deny, revoke, suspend, or refuse to renew a license, permit,

    charter, franchise, or other similar grant to, condition such a

    grant to, discriminate with respect to such a grant against, deny

    employment to, terminate the employment of, or discriminate with

    respect to employment against, a person that is or has been a

    debtor under this title or a bankrupt or a debtor under the

    Bankruptcy Act, or another person with whom such bankrupt or debtor

    has been associated, solely because such bankrupt or debtor is or

    has been a debtor under this title or a bankrupt or debtor under

    the Bankruptcy Act, has been insolvent before the commencement of

    the case under this title, or during the case but before the debtor

    is granted or denied a discharge, or has not paid a debt that is

    dischargeable in the case under this title or that was discharged

    under the Bankruptcy Act.

    ( b ) No private employer may terminate the employment of, or

    discriminate with respect to employment against, an individual who

    is or has been a debtor under this title, a debtor or bankrupt

    under the Bankruptcy Act, or an individual associated with such

    debtor or bankrupt, solely because such debtor or bankrupt -

        (1) is or has been a debtor under this title or a debtor or

      bankrupt under the Bankruptcy Act;

        (2) has been insolvent before the commencement of a case under

      this title or during the case but before the grant or denial of a

      discharge; or

        (3) has not paid a debt that is dischargeable in a case under

      this title or that was discharged under the Bankruptcy Act.

      ( c )(1) A governmental unit that operates a student grant or loan

    program and a person engaged in a business that includes the making

    of loans guaranteed or insured under a student loan program may not

    deny a grant, loan, loan guarantee, or loan insurance to a person

    that is or has been a debtor under this title or a bankrupt or

    debtor under the Bankruptcy Act, or another person with whom the

    debtor or bankrupt has been associated, because the debtor or

    bankrupt is or has been a debtor under this title or a bankrupt or

    debtor under the Bankruptcy Act, has been insolvent before the

    commencement of a case under this title or during the pendency of

    the case but before the debtor is granted or denied a discharge, or

    has not paid a debt that is dischargeable in the case under this

    title or that was discharged under the Bankruptcy Act.

      (2) In this section, ''student loan program'' means the program

    operated under part B, D, or E of title IV of the Higher Education

    Act of 1965 or a similar program operated under State or local law.

 

Actually, under ( b )( 3 ), you can't be fired for not paying credit cards prior to BK if the debt was discharged in BK.

 

Jrzydave, if you were fired for discharging credit cards in BK you were terminated in violation of Federal law and may have an actionable case, provided the SOL for a lawsuit has not passed.

 

YMMV...IANAL...

Edited by TampaDude

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GEORGE i was gonna reply to your post as you seem to attack my post once again however once again your own words in your own posting of numerous (QUOTES) decribe yourself,and once again your post has not one thing to do with the topic. so please refer to the topics at hand ,if i make a mistake i,m willing to acknowledge it ,we all can learn from mistakes, if we are willing. but you could be the nonwilling, from now on i will ignore any of your biased opions, nor waste any efforts to make any reply,s. thank you for your biased opion

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I am sorry to hear this happened. I know enough about HR departments to say that most of them don't have clear policies regarding this type of thing. Any written agreement you made with anyone, or the company? In the interview, did they mention any time frame for the BK? What if it had happened 25 years ago? Was their statement strong enough to include that in their policies?

 

On another note, what are you doing to remove the BK notations from your three CR's? A bit of focused letter writing might help your next job prospects a fair bit, eh?

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Back to the topic to start checkout the FCRA 15 USC 1681K and read the entire fcra this can give you at the least a knoledgeable conception of the laws, i,m by no shot a expert but as above is a good guidance, SOMETIMES it,s not in the fine print, there are certain occasions,and most of all read all from the pro,s

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Before I speak to a lawyer I would do some research with the Equal Employment Opportunity Commission. I am in a similiar situation where I was offered a job and it was revoked because they found out I had back surgery 4 years ago and the company didnt think I could do the job. This after I just graduated from the police academy. Well I have an EEOC investigator that is very interested in my situation. Call your local department and speak to an investigator and if they think you have a violation against this company they will continue with the process. If you go see a lawyer it will cost you a good amount of money just for a retainer.

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I just had to add then I also was denied a job for poor credit, I'm an underwriter, also the things on my report weren't mine they (wells fargo) didn't care, no job. It's too bad these collection agencies can just shoot stuff on our reports when its obviously wrong, my stuff had wrong sn wrong spelling of name wrong birthdate, um if I were the bureau I'd guess it wasn't mine. So yes this does happen, what do we do to change this random placing accounts on peoples bureaus causing them to go into universal default etc when it's not theirs.

just a thought

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Here is what I received.... A packet titled "FTC Prescribed Summary of Consumer Rights - A Summary of your Rights under the Fair Credit Reporting Act....

 

=Referencing FCRA , 15 USC, 1681 et seq.

=next section = FTC Prescribed Notice of Furnisher Responsibilities Notice To Furnishers of Information Obligation of Furnishers Under the FCRA

=Mentions Section 623 B 1A and ? 1 B

= Next section is FTC Prescribed Notice of User Responsibilities - Notice of Users of Consumer Reports: Obligatios of Users Under the FCRA (numerous refs to sectoin 604...)

 

WTF!?! I need an attorney just to understand it... bet they don't know themselves and just hand it out!.

 

Any ideas on the above guys/gals? My plan tommorrow is go talk to them in good terms, offer my explanation... and if no job offer, slide a copy of the statute or policy if they missed a step.... A nice thank you :clapping:

Edited by yosshimura

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Here is what I received.... A packet titled "FTC Prescribed Summary of Consumer Rights - A Summary of your Rights under the Fair Credit Reporting Act....

 

=Referencing FCRA , 15 USC, 1681 et seq.

=next section = FTC Prescribed Notice of Furnisher Responsibilities Notice To Furnishers of Information Obligation of Furnishers Under the FCRA

=Mentions Section 623 B 1A and ? 1 B

= Next section is FTC Prescribed Notice of User Responsibilities - Notice of Users of Consumer Reports: Obligatios of Users Under the FCRA (numerous refs to sectoin 604...)

 

WTF!?! I need an attorney just to understand it... bet they don't know themselves and just hand it out!.

 

Any ideas on the above guys/gals? My plan tommorrow is go talk to them in good terms, offer my explanation... and if no job offer, slide a copy of the statute or policy if they missed a step.... A nice thank you :blink:

Yosshimura - Any updates? How did the meeting go?

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Just a little on my situation, sounds all too familiar. I also applied for a new job, better pay, better hours, and it also includes managing finances. They asked about prior credit history? I was up front about it though. I explained that I had a BK in 2002, and a couple of charge offs. Consented for the credit check, but after the interview, I faxed them a personal letter, explaining that "although their may be potentially negative items in my CR, that would not effect my ability to do the job." Haven't heard anything back from them yet. They explained it could be around a week before they got the reports and actually made a decision. Does anybody think I may have a shot? My scores are 582,574,539

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Just a little on my situation, sounds all too familiar. I also applied for a new job, better pay, better hours, and it also includes managing finances. They asked about prior credit history? I was up front about it though. I explained that I had a BK in 2002, and a couple of charge offs. Consented for the credit check, but after the interview, I faxed them a personal letter, explaining that "although their may be potentially negative items in my CR, that would not effect my ability to do the job." Haven't heard anything back from them yet. They explained it could be around a week before they got the reports and actually made a decision. Does anybody think I may have a shot? My scores are 582,574,539

 

 

IMHO, and as you read in the posts of others, it all depends on the type of company. Larger companies typically public corporations or those with strict Sarbanes Oxley Act requisites generally have little or no flexibility. Privately owned and/or smaller companies may have the option of being a little more lenient. Best of luck to you......

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Just an update, I got the call today!!!They offered me the job, said they were willing to overlook the credit issues,impressed with the qualifications!I guess a persons personal qualifications may outweigh the credit problems. Good luck to anyone in this situation, and remember to be as honest as you can and that may help ya in the long run. Thanks hismom, for the advice.

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I'm shocked at most of the replies.

The OP is in the financial field...

Most tellers at a bank have to have good credit, would you think that an accountant wouldn't?

The OP lied in the interview when he was asked about his credit.

The OP currently has defaulted student loans and a repo and I think he mentioned somthing else negative on his reports.

If he didn't lie in the interview, he would have had a chance to explain that he was unemployed..blah blah blah..and they could have taken that into consideration.

Everyone is harping on the BK, but as I mentioned don't forget the major negatives that happened after that.

People..please understand that there are many thing you will not qualify for with bad credit, including jobs...and we all know that, if we didn't we wouldn't be here.

Employers reserve to right to fire you at any time.

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Just an update, I got the call today!!!They offered me the job, said they were willing to overlook the credit issues,impressed with the qualifications!I guess a persons personal qualifications may outweigh the credit problems. Good luck to anyone in this situation, and remember to be as honest as you can and that may help ya in the long run. Thanks hismom, for the advice.

 

 

 

congrats.

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congrats on the job!

 

one question to those who replied to the OP - if you fought the employer on discrimination and in return was offered the job, would you take it? i would think that they just look for a reason to fire you.

 

i have been in various finance positions and have had my credit pulled and never been turned down for a job - and i have had some pretty bad credit in my past. i find it interesting when i read of these things that they would turn down an otherwise qualified candidate over credit.

 

if they turn you down over credit, the job isn't worth it. all the more reason to become self-employed.

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