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bankruptcy filed

Submitted by on Sat, 06/11/2005 - 15:08
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I hope my boss is planning to fire me within a few days as i have filed bankruptcy. i am really feeling lost at this time. can he do so? please suggest me..thanks


Hi Guest,

Welcome to the forums. Please take this very strongly that no employer can fire a person if he/she has filed bankruptcy.

Under U.S.C. Sec. 525, any employer is prohibited from discriminating against you because you have filed for bankruptcy.

If it ever happens with you, please use your legal rights to challenge your firing. It will be advisable to hire an attorney for this purpose. You are likely to get your job back.

Please let us know how we can assist you further in your queries.

Regards
Roxette


Submitted by roxette on Sat, 06/11/2005 - 15:31

roxette

( Posts: 4009 | Credits: )


Hi Guest

Welcome back. You need not to worry much about it as your job is protected as per the law. However, answering your second question, there are various laws which safeguard the interest of the employees as per both state and federal statutes.


  • Title VII - 29 USC & sect; 2000e-2000e-17 ??? It prohibits any discrimination against race, color, religion, ****or national origin.

  • The Family Medical Leave Act - 29 USC & sect; 2601, 2611-2619, 2651-2654 ??? In a year, an employee is entitled to utilize 12 weeks of unpaid leaves. It includes the following causes:
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  • In case if there is a birth of a child
  • The adoption of a child
  • Leave can be taken during a serious health condition
  • You can take leave if your parent, spouse or child is having a serious health problem.


  • Age Discrimination in Employment Act - 29 USC & sect; 621-634??? It protects you from any discrimination based on age.

  • Americans with Disabilities Act - 42 USC & sect; 12101-12118 - It protects you from any discrimination based on physical or mental disability

  • The Fair Labor Standards Act - 29 USC & sect; 201-219 ??? This law provides a cover relating to minimum wage and overtime rates.

  • The Immigration Reform & Control Act - 8 USC??1324a-1324c ??? The employers are restricted from hiring illegal aliens or discriminations based on citizenship status of aliens who have been lawfully admitted to the US.

  • The Employee Polygraph Protection Act - 29 USC & sect; 2001-2009 ??? The employer cannot enforce the employee to undergo polygraph (lie detector) test.

  • Pregnancy Discrimination Act ??? The employers cannot be discriminated based on pregnancy or childbirth related medical conditions.
    [/list:o:f428986ca4]
    Please let us know if there is anything further that we can help you with. Your active participation in the forums with your comments and suggestions will be of great help to the community members

    Regards
    Roxette

    [color=Red]****Adult term removed - Jason[/color]


  • Submitted by roxette on Sat, 06/11/2005 - 17:35

    roxette

    ( Posts: 4009 | Credits: )


    [quote=Anonymous]I hope my boss is planning to fire me within a few days as i have filed bankruptcy. i am really feeling lost at this time. can he do so? please suggest me..thanks[/quote]

    Why do you say that you hope that your boss will fire you? Is there something that you were trying to tell us. Generally, an employer is not allowed to discriminate against you in this manner.

    Furthermore, do you intend to widely publicize your financial status at your place of employment? I don't see why this would be an issue at your place of work.

    I am curious, are you familiar with the new bankruptcy laws? These laws will require you to repay some of the money even after you file bankruptcy. If they determine that you still have the capability to pay these bills. Since you still have a job, you may fit in that category of those who have to continue to pay back something.

    So the idea of a fresh start after bankruptcy is a bit obscure right now. The credit companies scored a major victory with that new bankruptcy law.

    Did you seek credit counseling before you filed bankruptcy. Were you aware that you could still be held responsible for your debts? Are you capable of repaying some of it just in case they require you to?


    Submitted by benjaminz6 on Sun, 06/19/2005 - 09:16

    benjaminz6

    ( Posts: 256 | Credits: )