Las Vegas Bankruptcy Lawyer: Will Filing for Bankruptcy Protection Affect My Job?

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most states, considers an employee an “at will” employee, which means that the employee can generally be fired for any reason or even no reason, as long as it is not done in violation of certain public policy protections (race, gender, etc.), the bankruptcy code specifically states that a person may not be fired simply because he/she filed for bankruptcy. The Bankruptcy Code, at 11 U.S.C. sec. 525(b), 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." If you are unlawfully erminatedd based on the simple fact you filed for bankruptcy you may receive back pay, including fringe benefits and reinstatement, and may also recover damages for emotional distress.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Randy Creighton, Black & LoBello | Attorney Advertising

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