Can My Boss Fire Me For Filing Bankruptcy?

21 Oct Can My Boss Fire Me For Filing Bankruptcy?

In a word, no.   Does it happen?  Maybe.   Is the boss doing something that you can sue him for if you are fired?  Definitely.  It is illegal to terminate employment based on filing bankruptcy or being insolvent.  Does that mean you can sue?   Sure, anyone can sue anyone else at any time….whether you will win or not, is another story.   If you believe that your boss may fire you due to bankruptcy filing (maybe because of what has happened with former employees in the past), run, do not walk to an employment law attorney (after first, of course, telling your bankruptcy attorney) and seek advice on how to preserve evidence of good performance evaluations and other evidence that you were doing a great job up to and including the moment of termination.

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I'm a consumer protection lawyer in Oregon, working with people in Klamath; Lake; Jackson; Josephine; Curry; and Deschutes County. I speak regularly on bankruptcy and consumer protection issues nationwide.
1Comment
  • Chris
    Posted at 13:55h, 03 June

    This is untrue. I was just told that if I filed and caused my employer a loss (employer is a creditor too) that I would be fired. I asked my lawyer and he said that our state is an “at will” state and that they can fire me for anything they want at any time. At best, it depends on what state you’re in.