Does a Consumer Proposal Impact My Career?
If you’re grappling with the question, “How will a consumer proposal affect my job?”, then this comprehensive guide may provide the clarity you need.
What is a Consumer Proposal?
Firstly, let’s understand what a consumer proposal is. It’s essentially a formal agreement established between you and your creditors. It’s a legal process supervised by a Licensed Insolvency Trustee (LIT), where you propose a plan to pay creditors a percentage of what you owe or extend the time you’re given to pay off the debts, or both.
Does My Occupation Know About My Consumer Proposal?
Generally, your employer will not have any information regarding your consumer proposal unless they’re one of your creditors. Furthermore, it’s unlikely they’ll discover this information unless they’re specifically looking for it, as such details are typically buried in numerous other public notices.
Job Positions That May Be Affected By a Consumer Proposal
While most professions won’t be impacted, there are certain sectors where a consumer proposal might influence your employment status or professional standing. These usually involve roles where trust and financial responsibility are fundamental.
Police and Fire Services
Roles within the police and fire services often stipulate that employees mustn’t engage in any form of insolvency. This may also extend to the prison service. Having a consumer proposal may be seen as a disciplinary offense within these professions.
Legal and Accounting Professions
Legal professionals and accountants may also face disciplinary action or professional ramifications if they enter a consumer proposal. These sectors are known to have strict regulations regarding their members being involved in insolvency.
Financial Planners
If you’re a Certified Financial Planner (CFP), you’re obliged to inform the Financial Planning Standards Council (FPSC) within 15 days of filing a consumer proposal. This also applies if you’re renewing your CFP certification. The FPSC will then review your situation and decide whether to approve or decline your certification.
Human Resources Professionals
Similarly, if you’re a human resources professional, such as a CHRP, CHRL, or CHRE, you must inform the Human Resources Professionals Association (HRPA) about your consumer proposal. This applies to both existing and new members.
Will I Lose My Job Over a Consumer Proposal?
While the aforementioned sectors might have specific rules, most employers will not terminate your employment due to a consumer proposal. It’s essential, however, to maintain confidentiality and avoid discussing your financial situation openly at work.
Employed vs Unemployed: Who Can File a Consumer Proposal?
You don’t need to be employed to file a consumer proposal. If you’re unemployed, you can still proceed with a consumer proposal as long as you have someone, like a friend or relative, who can guarantee the repayments for you.
Can a Consumer Proposal Affect Future Employment?
Certain professions, such as the police, fire service, and prison service, may conduct a financial vetting process when hiring. Having a consumer proposal might affect your eligibility for these roles. Similarly, council service contractors might need to undergo financial vetting during a tendering process, where a consumer proposal may be viewed unfavorably.
How Do I Know If I’m Not Allowed To Have a Consumer Proposal?
Your employment contract should contain a ‘restrictive covenant’ clause if your employer disallows any form of insolvency. If you’re unable to understand the legal jargon in your contract, seeking help from a financial advisor can be beneficial.
The Bottom Line
It’s important to know that while a consumer proposal can be an effective tool to manage debt, it can potentially influence your career, especially if you’re in certain professions. Therefore, before filing a consumer proposal, it’s crucial to understand the possible implications and seek professional advice if necessary.
