Can a job offer be rescinded due to past bankruptcy?

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Can a job offer be rescinded due to past bankruptcy?

I had an offer rescinded due to findings from my background check. When I spoke to the HR Rep. I asked her if she was referring to my bankruptcy and she said yes and asked me to explain why I filed. She stated they would review and that with the economy it’s understandable, etc. About 2 weeks or so later, I got the letter stating they were rescinding the offer. I was under the impression bankruptcy couldn’t be held against a person. Do I have any recourse?

Asked on April 30, 2012 under Employment Labor Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, since you never actually started the job that you received a job offer for, the potential employer was entitled to rescind the offer so long as the reason was not based upon an improper form of discrimination such as age, sexual orientation, gender, ethnicity and the like.

The fact that you had the offer rescinded due to your past bankruptcy filing does not in and of itself present you with a factual and legal basis for a legal claim against the person and company that offered you the position.


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