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#496961 - 02/10/06 05:05 PM Employment Law
Perseverance Offline
New Poster
Joined: Feb 2006
Posts: 1
Can you be fired if you are forced to file bankruptcy. For instance, divorce, death, etc....I have a friend that has always been told you could be fired. Is this true?

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Human Resources
#496962 - 02/11/06 03:30 AM Re: Employment Law
Patriot Offline
Gold Star
Joined: Oct 2005
Posts: 257
There is protection for the employee/debtor. See 11 USC 525(b) of the Bankruptcy 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."

A lawyer could tell you how to bring an action against an employer under this section.
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