A new law would prohibit employers from rejecting applicants based on credit reports

It’s a vicious cycle: You lose your job, causing you to fall behind on your mortgage, car payments and other bills. As a result, your credit suffers. You finally land an interview with good prospects, but a credit check costs you the job.

You need employment to improve your finances, but it’s your finances that are holding you back from employment.

Some legislators are taking steps to prevent this situation from occurring. Recently a House bill was introduced that would prohibit employers from using consumer credit checks to make adverse employment decisions.

The Equal Employment for All Act (H.R. 3149) would amend the Fair Credit Report Act and prohibit employers from making hiring decisions based on an applicant’s consumer credit report. The Act makes exceptions for financial firms, government agencies and jobs that require certain security clearances.

The bill was introduced by Representative Steve Cohen from Tennessee. According to Cohen, the bill would provide some of our country’s “most vulnerable, ‘credit challenged’ citizens” the chance to start rebuilding their credit by getting a job.

Supporters of the bill do not believe that a person’s credit history is a reflection of how they would perform on the job. Critics of the bill, however, point to the vulnerability of small businesses to employee theft, citing the bill’s limited exceptions as a cause of concern.

To read more on the Equal Employment for All Act, click here for the complete article from the U.S. News and World Report.

Regardless of whether the bill passes, one thing remains certain: an experienced Texas bankruptcy attorney is the best source of advice for consumers facing credit difficulties. A Texas bankruptcy lawyer can explain your options and help you make decisions that will get you back on the road to financial stability.

Bankruptcy And Employment Discrimination

Many people are in a financial situation where bankruptcy may be their only option for a fresh start but they are hesitant because they don’t want to ruin their chances of getting a job. Coupled with a troubled economy, it’s no wonder people are doing everything they can to keep or get a job.

 

A common question Dallas area bankruptcy attorneys hear is whether an employer can discriminate against an employee or a job applicant due to a bankruptcy. The good news is that Section 525 of the Bankruptcy Code prohibits private employers from terminating employees or discriminating with respect to employment solely because a person: (1) is or has been a debtor in bankruptcy; (2) has been insolvent prior to filing bankruptcy but before receive a grant or denial of a discharge; or (3) has not paid a debt what was dischargeable or was discharged in bankruptcy.

 
Another question bankruptcy attorneys get asked is whether they should reveal their bankruptcy to their employer or a prospective employer. In this economy, it can be expected that employers will be more selective and perform pre-employment background screening. How you respond depends on a variety of factors and a bankruptcy attorney can advice you on your rights and obligations regarding bankruptcy.

 

Contact the attorneys of Fears | Nachawati for a free consultation on bankruptcy and employment by calling toll free at 1.866.705.7584 or by e-mailing  info@fnlawfirm.com.

 

Can I Get Fired For Filing Bankruptcy?

If you are contemplating filing for bankruptcy you may be wondering how it will affect your job. This is understandable because while you do want to get rid of your debts, you do not want to lose your job. The good news is that you cannot get fired for filing bankruptcy because federal law prohibits an employer to discriminate against you for declaring personal bankruptcy.

 

Your constitutional rights protect you from being fired for filing bankruptcy. In fact, it is a violation of your rights, not to mention a crime, to fire someone for filing bankruptcy.

 

If anything, once your debts are discharged through a Chapter 7 bankruptcy or a proposed payment plan is approved through a Chapter 13 filing, you will sleep better, feel less stressed and will be able to better concentrate at work.

 

Additionally, if creditors are threatening you with liens, it may be a wise step to file for bankruptcy to freeze any type of collection action against your paycheck.

 

Contact bankruptcy law firm, Fears | Nachawati, by calling us toll free at 1.866.705.7584 or e-mailing us at info@fnlawfirm.com to find out how bankruptcy can help you get rid of debts.

 

Public Fears About The Economy

By DARLENE SUPERVILLE - Associated Press

WASHINGTON -- As the economy continues to struggle, the public is growing increasingly concerned about losing jobs, not having enough money to pay the bills and seeing their retirement accounts shrink, according to an Associated Press-GfK poll.

 

Nearly half of those surveyed said they worry about becoming unemployed - almost double the percentage at this time last year.

 

The poll released Wednesday also found public support dipped slightly in the past month for the $787 billion package of tax cuts and government spending President Barack Obama signed into law this week on the promise that it will save or create 3.5 million jobs and re-ignite the economy.

 

"I lost a job myself," said Edd Winkler, 40, a married attorney and father of two in Grand Rapids, Mich. "There were just too many attorneys for the amount of work we had coming in to the firm at that time." Winkler has opened his own practice, and says most of his work involves bankruptcies.

 

"I know a lot of other people who have lost jobs," he added.

 

Mariann Lewis, 55, of Stewartstown, Pa., says she was laid off this month from her job in a grocery store's deli department.

 

"It's pretty sad when a food store lays people off," said Lewis, who is married. "It's not like people are going to stop buying food."

 

Lewis said she didn't work there long enough to qualify for unemployment, and her family has begun using credit cards to pay for expenses, including a relative's funeral. "We went through all of our savings," she said.

 

Winkler and Lewis are among those who are increasingly worried about their personal economic circumstances, according to the poll.

 

Nearly half of those questioned, 47 percent, worry at least somewhat about losing a job, up from 28 percent in February 2008. Nearly three-fourths, or 71 percent, say they know someone - a friend or a relative - who has lost a job in the past six months because of the economy.

 

Fear of being thrown out of work is so widespread that equal percentages of higher- and lower-income workers, 47 percent, worry about losing their jobs. Last year, only 20 percent of those earning $50,000 or more annually worried about joblessness, as did 35 percent of those earning less than that.

 

Nearly two-thirds of people, 65 percent, are at least somewhat worried about paying their bills, up from 46 percent last year.

 

More than two-thirds, 69 percent, worry that the value of their stocks and retirement investments will drop, up from 59 percent a year ago.

 

More than half, 53 percent, aren't confident they'll have enough money to live comfortably in retirement, up from a third, 34 percent, in February 2005.

 

Dean Verinder, a 40-year-old Houston engineer who fears declining oil prices will cost him his job, said he's saving money these days.

 

"I'm not putting any money into the stock market," he said. "I was lucky. I pulled all my money out before it crashed."

 

Support for the economic stimulus plan, which Obama signed Tuesday, was at 52 percent, compared with 55 percent last month.

 

Winkler said he wasn't confident the program would create jobs, and thinks that those it does create will be low-paying.

 

"Until we can somehow keep jobs here and create actual real paying jobs, not Wal-Mart greeter jobs, those things won't work," he said.

 

Risa Stoller-Black, a 24-year-old married homemaker from Wapato, Wash., said the stimulus package would create jobs.

 

"I don't see how it couldn't, if there's money to employ people," said Stoller-Black, who has a 4-year-old daughter. "It's just disappointing that we have to get to this point in the first place."

 

About a month into his new job as president, Obama's approval rating was at 67 percent, a slight dip from the 74 percent he received before his Jan. 20 inauguration. By comparison, just 31 percent approved of Congress' job performance, up seven points from December.

 

In other findings:

 

-Nearly two-thirds, or 62 percent, think Obama is making about the right amount of effort to cooperate with Republicans in Congress on solving the country's economic problems. About the same percentage, 64 percent, think the GOP isn't doing enough to cooperate with the Democratic president. Despite courting Republicans during negotiations on the stimulus bill, it passed with no GOP votes in the House and just three GOP votes in the Senate.

 

-People don't think much of last year's $700 billion bailout for the financial industry. Nearly half, or 47 percent, say it had no real effect on the economy, and about a third, or 32 percent, say it actually made things worse.

 

The AP-GfK poll was conducted Feb. 12-17 and involved landline and cell phone interviews with 1,001 randomly chosen adults. The margin of sampling error was plus or minus 3.1 percentage points.

Are we seeing a rerun of the 80's

A perfect storm of job losses, plunging oil prices, dramatic overbuilding and changes in a tax law blew through Texas in the 1980s, leaving San Antonio's commercial real estate market in shambles.

Though today's commercial market has slowed enough for people to start comparing it with the '80s, most in the industry say it's not as bad, and probably never will be.

“I've been to this rodeo before. I've seen the good times and the bad times. No one came to help us in the 1980s. Texas was the doormat,” developer Marty Wender said. “There is no comparison to where we are today and where we were.”

Perhaps no one remembers the '80s better than Wender, 62, who has been in San Antonio since 1969.

Wender kicked off growth on the far West Side with his Westover Hills development. Also, he had a hand in SeaWorld's 1988 arrival and in the creation of Texas 151 and the Hyatt Regency Hill Country Resort, among other projects.

But Wender also filed for Chapter 7 bankruptcy protection in 1991, and a judge wiped out his $67 million in debts.

“You either let tough times destroy you, or you get tougher,” he said. “Texas has been galvanized, it has become stronger because of adversity,” including the demise of the 1980s real estate market, he said.

Though many in the industry are optimistic, it's still too early for some people to say the market will steer clear of past conditions.

If the credit markets don't loosen, “it's going to be long and ugly,” said Harold Hunt, an economist with the Real Estate Center at Texas A&M University.

The market then and now

Here are some of the ways we're different than we were in the '80s.

Vacant office space in San Antonio hovered around 30 percent in the 1986, while at the end of 2008 office space was about 17 percent vacant, according to NAI REOC Partners, a local real estate company.

Retail space in 1986 was 19 percent vacant. At the end of 2008, it was 13 percent.

And there were about 200 apartment units permitted in 1988, compared with about 4,500 units permitted last year.

Foreclosures also played a more prominent role in the 1980s.

In 1988, 411 commercial properties together valued at more than $306 million were sold at the commercial auction in Bexar County, according to RexReport.com. In 2008, 174 foreclosed properties worth $90 million were sold, according to Foreclosure Listing Service.

“There does not appear to be an alarming number of postings among the quality commercial properties,” said Bonnie Brown of FLS.And at no time since 1970 has unemployment been higher than it was in the late 1980s. The 1986 state unemployment rate was 8.9 percent compared with a 6 percent unemployment rate in December 2008.

 Job cuts and oil losses

Texas usually outpaces U.S. job growth. In 2008, Texas added 153,600 jobs compared with 2.6 million jobs lost in the U.S. But from 1985 to 1988, the opposite was true.

“I remember everybody leaving — project managers leaving, businesses closing, going to other states and looking for work,” said Maryanne Guido, CEO of Guido Brothers Construction Co. “Now all I see are people are coming here.”

San Antonio added 26,700 jobs in 2008, according to the Texas Workforce Commission.

In the '80s, the high job loss meant more vacant office and shopping space. Today, vacant space shouldn't increase too much because of the stable job numbers.

And growth in the military is one key to San Antonio's stability that hasn't always existed. The military is spending $2.1 billion here in base realignments, a move that will also add about 10,000 jobs to the area by 2012.

“San Antonio has its own stimulus package,” said R. Glen Ayers, an attorney with Langley & Banack

In the '80s, Texas was more dependent on the oil and gas industry than it is today. So when the price of oil plunged in the mid-1980s, the Texas economy and the real estate industry fell with it.

In 1986, a barrel of oil averaged just under $28, adjusted for inflation. Currently, it's around $40.

“We have a more diversified local and state economy as opposed to what we had in the '80s,” said Robert Hunt, senior vice president of commercial development with Embrey Partners Ltd. since 1988. 

 Overbuilt

Part of the real estate collapse in the 1980s was caused by a flurry of building in the early part of the decade.

“Because it was easy to get funding and cheap to get funding, there was a lot of overbuilding,” said Kim Gatley, senior vice president and director of research for NAI REOC.

A host of office buildings shot up, including One Riverwalk Place and Bank of America Plaza downtown and the Pyramid Building, Nowlin Tower and One International Centre on the North Side.

San Antonio is faring better today because it's not overbuilt, and the supply of space largely has met the demand, Gatley said.

In the '80s, San Antonio office rents dropped to nearly $10 per square foot per year — they're at more than $20 today — as owners slashed prices just to fill their space.

“Owners were forced to give away property,” Gatley said. “It was pretty crazy.”

And that overbuilding affected the city for years to come.

“It's not just like the switch gets flipped up or down and it changes,” Gatley said. “Basically, we went through the next 10 years without building a major office building.”

In addition to the military construction, today there also are school and government construction jobs in San Antonio, and there also may be future work as a result of the economic stimulus plan, none of which existed in the '80s.

“I don't think there was any city work, there was no school building going on to speak of,” said Tom Guido, president of Guido Brothers. “The private work had dried up, and there was no thrust for San Antonio to grow.”

Taxes and S&Ls

Aggressive lending and a change in the tax law also walloped the real estate business back then.

Savings and loan institutions often lent up to 100 percent of the cost of a project, and when the banks failed, so went the real estate.

“Today, everybody's better capitalized and a lot smarter,” said Tom Rohde, vice president of Rohde, Ottmers & Siegel Realty Services.

In passing the Tax Reform Act of 1986, President Ronald Reagan removed tax shelters for real estate investments. Many investors held real estate for its tax advantages and not its value, and this act caused them to unload their properties, thus sinking real estate values.

Today, the big financial concerns for the industry are apprehensive property buyers and properties at risk of losing value.

Some banks are beginning to devalue the commercial property they hold, Rohde said. If those properties become less valuable, then surrounding properties could see that drop as well.

“We have money on the sidelines that is waiting to get into the market, whereas in the '80s it seemed like there was no money ready to be put back into the market,” Gatley said.

So though the commercial market won't pick up until the cash starts flowing, Texas isn't expected to repeat the 1980s.

“I'm fairly optimistic that Texas and San Antonio are going to ride this out pretty well,” Robert Hunt said.

If you are feeling the crunch of unemployment and do not seem to have enough money to pay your bills bankruptcy may be an option for you.  For a free bankruptcy consultation contact Fears | Nachawati Law Firm, Phone (866) 705-7584. Immediate Assistance

Unemployment Rate by: Washington Post

The U.S. economy lost another 598,000 jobs in January, a larger-than-expected decline that highlighted a weak global economy and the pressure building on companies to cut costs and payrolls.

It was the largest one-month job loss since December 1974, and pushed the unemployment rate to 7.6 percent, from 7.2 percent in December.

That is the highest unemployment rate since the fall of 1992 -- and it would have been higher except for a slight decline in the number of people looking for work, itself a possible sign of economic weakness as people become discouraged from job-hunting.

At present, 11.6 million people are out of work, a headline number likely to figure into ongoing debate in the Senatetoday over the Obama administration's proposed economic stimulus package.

President Obama has warned of possible double-digit unemployment if the government does not act quickly, and called today's news "very troubling."

In announcing the creation of the new Economic Recovery Advisory Board this morning, Obama said, "I am sure that at the other end of Pennsylvania Avenue, members of the Senate are reading these same numbers this morning. I hope they share my sense of urgency and draw the same, unmistakable conclusion: The situation could not be more serious. These numbers demand action. It is inexcusable and irresponsible for any of us to get bogged down in distraction and delay and politics as usual while millions of Americans are being put out of work. It is time for Congress to act."

U.S. businesses and institutions have shed jobs for 13 consecutive months, and the increasing pace of the job losses might indicate worse to come. Since the recession began in December 2007, 3.6 million payroll positions have been lost, with about half of that decline coming in the past three months, according to data released this morning by the Labor Department.

If you are feeling the crunch of unemployment and do not seem to have enough money to pay your bills bankruptcy may be an option for you.  For a free bankruptcy consultation contact Fears | Nachawati Law Firm, Phone (866) 705-7584. 

Fears | Nachawati Law Firm has offices located throughout Texas in: Dallas / Fort Worth / Houston / San Antonio / and Austin.

Unavoidable Unemployment doesn't mean Unavoidable Financial Disaster

Suddenly finding yourself unemployed can wreak havoc on your self-esteem not to mention wreaking havoc on your finances.  According to the Dallas Business Journal unemployment rates rose across the Dallas-Fort Worth Metroplex in August.   Ronny Congleton Commissioner of the Texas Workforce Commission said that, “although the Texas unemployment rate of 5 percent is below the U.S. rate of 6.1 percent, it is still a matter of concern.”   Not many people have enough savings to finance themselves throughout months of unemployment yet it is believed that it will take the average unemployed person three months to find their next job.  Without a doubt you should start looking for a new job right away to deal with your financial situation, but what if it takes longer than you anticipated.   Declining bank accounts leave you with little options.  If you are feeling the crunch of unemployment and do not seem to have enough money to pay your bills bankruptcy may be an option for you.  For a free bankruptcy consultation contact Fears | Nachawati Law Firm, Phone (866) 705-7584. 

Fears | Nachawati Law Firm has offices located throughout Texas in: Dallas / Fort Worth / Houston / San Antonio / and Austin.