Can My Employer Fire Me For Filing Bankruptcy?
Posted By
Majed on Oct 19, 2011 7:00am PDT
Absolutely not. It is against federal laws to terminate an employee because of their bankruptcy filing status, whether a debtor filed bankruptcy before or after employment.
According to Section 525(b) of the code:
(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.
You have a right to maintain employment and file for bankruptcy. The Fears | Nachawati Law Firm is available to discuss your rights and protection by law.