Help Wanted: When to disclose a debt

Sales have dipped 11 percent at Park Electrochemical Corp., a Melville-based manufacturer of high-tech materials. Credit: iStock
In the meantime, I am wondering how to handle a potentially sticky situation with an employment agency that sends me out on jobs. It has arranged an interview for me with a company that, unfortunately, is one of the creditors I owe money to, and the account has been taken over by a debt-collection agency.
Is it unlawful or unethical for me not to disclose this information to my agency? If I got the temporary job, I would be an employee of the agency, not the company. The agency, though, could find out about my money woes if the company's application requires information about my debts. I know I would have to answer truthfully, and what I write could cost me the job. What should I do? -- Truth and Consequences
These words from an employment attorney should help put your mind at ease:
"I don't think there's any legal or ethical conflict, or any obligation to disclose the debt," said Richard Kass, a partner at Bond, Schoeneck & King in Manhattan.
And there's more:
"By working for the creditor, the reader is making it more likely that (s)he will be able to pay off the debt," Kass said. "Therefore, the creditor's interests and the reader's interests do not conflict; they are in harmony."
If a prospective employer found out about your debts and dropped you from consideration, the law would be on your side.
"From the creditor's point of view, it would be risky to discriminate against prospective employees who have debts," Kass said. "The U.S. Equal Employment Opportunity Commission has recently stated that discrimination against debtors may be illegal, because it has a disparate impact on the basis of race and ethnicity."
So bear up until they give you your walking papers. When and if they lay you off, unless it is for cause, you will have a better shot at qualifying for unemployment benefits.
And good luck with the training. I have always found it strange when companies basically throw employees on the dung heap and then ask for their help. It's unfair to both the departing employee and the new person.
For EEOC guidelines on credit checks and prospective employees, go to http://1.usa.gov/LvwM4A;
For more on unemployment-benefits eligibility go to http://bit.ly/KwZw9G.
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