Reynoldsburg, OH asked in Bankruptcy, Employment Discrimination and Employment Law for Ohio

Q: Can I be refused employment based on a bankruptcy from 9 years ago? It is for restaurant management

1 Lawyer Answer
Stuart Nachbar
PREMIUM
Stuart Nachbar
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: Pursuant to 11 USC 525(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.

So the short answer is No, they can not, but the hard part is proving same.

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