Legal Question in Employment Law in Pennsylvania

Credit Check after offer

This is probably a waste of time but here goes.

My wife applied for a job as a bank manager after being fired from the same postion at a different bank because of what they sais was policy violations but thats in the past. The new bank made her an offer and has her starting next week. Now the HR person calls and wants a credit check. We filed for Chapter 13 but it was dismissed because we couldn't afford it.

I am guessing they can now withdraw their offer but is there any recourse? I know she can't bully her way into the job but why would they go through all this 6 weeks 3 interviews, without doing that first.


Asked on 5/25/06, 10:30 am

1 Answer from Attorneys
Edward Fronczkiewicz, Jr. Miksch and Fronczkiewicz

Re: Credit Check after offer

Under Federal Law, an employer is prohibited from discriminating against someone who has filed for bankruptcy. In other words, they cannot refuse to hire your wife because she filed for bankruptcy.

However, they can point to other reasons such as late payments and delinquent accounts as a reason for not hiring her. Since those events are often the reason behind filing for bankruptcy, the Federal Law is really a false protection for prospective employees that have filed for bankruptcy.

Also, if the employer does use credit information contained in a credit report as a basis not to hire your wife, they are supposed to provide her a copy of he report and tell her the name of the reporting company (ie experian) so that she can dispute any inaccuracies.

Regards.

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Answered on 5/25/06, 10:51 am


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