Can my employer fire me for filing for bankruptcy?

Can my employer fire me for filing for bankruptcy? Can my employer fire me based on my race?

No and no. You can’t be fired based on your race. And you can’t be fired just because you’ve filed for bankruptcy. The bankruptcy laws specifically prohibit firing an employee because of a bankruptcy filing.

Many people aren’t aware of it, but Section 525(b) of the Bankruptcy Code specifically states that

“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.”

That said, employment in New York is “at will.” That means that an employer can terminate an employee for any reason, good or bad, or no reason at all. But it prohibits an employer from terminating an employee if the the employee is in certain protected classes. Race is one of the more well-known protected classes. And bankruptcy is another one.

Additionally, the protection doesn’t apply just to people who have actually filed for bankruptcy. It also protects you if you’re “insolvent” prior to filing. Or for the period while your bankruptcy petition is pending. Or even if there’s just a dischargeable debt that you haven’t paid.

If you’re contemplating a bankruptcy filing in New York and have questions about employment and other important topics, please contact me for a free initial consultation. Bankruptcy is intended to help American citizens get a fresh start. And with an experienced New York bankruptcy lawyer on your side who can walk you through the process, you don’t need to be intimidated.

Contact Bruce Weiner, Esq.

EMAIL Bruce Weiner
Phone
(718) 855-6840 (Local)
(866) 402-8476 (Toll Free)
Fax (718) 625-1966

Go to Brooklyn Bankruptcy Law Firm to learn more about Rosenberg Musso & Weiner LLP and/or to set up a free consultation.

Bankruptcy, Brooklyn Bankruptcy, Employment, New York Bankruptcy, New York Bankruptcy Lawyer

Rosenberg, Musso & Weiner, L.L.P
26 Court St # 2211
Brooklyn, NY 11242, USA
718-855-6840
http://nybankruptcy.net/

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