Can my boss fire me?

[smithd743]

I know this probably sounds silly but can my boss fire me for filing? I believe this would be considered discriminating?

[mountanddo]

Well if you are in a state that has at-will employment your boss can fire you for just about anything that doesn't fall under a protected class such as age, race etc. In other words he can fire you if he "thinks" you are filing. A lot of people think that employers need a reason to fire you. They don't. So if your employment contract states it is at-will employment they can fire you for any reason, even if they don't like your red hair! Smart employers will find a reason other than something that falls under a protected class. So it isn't a silly question and it isn't discriminating.

[MSbklawyer]

The bankruptcy code has a specific prohibition against firing you or otherwise discrimintating against you because you filed bankruptcy. See § 525 of the code.

But, as mountanddo points out, unless you have an employment contract that provides for dismissal only for cause, if you are in an at-will employment state, your boss can fire you because today is Thursday, or because you showed up late by 5 seconds, or because he had never fired anybody before and just wanted to see what it felt like.

[IamOld]

What everyone says above is true - however, if you have a legally sloppy employer and/or an employer with a "name" to protect, if you are in CA (which you are...sorry obvious point) - and you can get a decent employment lawyer, things are not so cut and dry...of course you don't want to wind up in that position...

[GIn]

Prospective employers can refuse to hire you if you have filed. Except government employers. Government employers can not refuse to hire you if you have filed. However no employers, government or private, can fire you if you file for BK.

[nohoneymoney]

I believe the federal codes states: "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 … solely because such debtor … is or has been a debtor under this title…. 11 U.S.C. sec. 525(b)" Like a lot of federal laws, including whistleblower laws, this can not protect you from other unrelated job performance issues.

On the flip side, if you are in debt and haven't filed BK, the debt collectors can (and will) call you at work which can become a job performance issue. Judgements can result in garnishment to wages which means at the very least payroll will know you are in financial troubles. BK will put a stop to the calls and other legal actions (except the IRS) and unless they are cruising PACER or doing frequent background checks, they will not know about your BK (and have no reason to be told).

I didn't let this issue stop me from filing and I recommend that you don't let it stop you.

[Flamingo]

I know this probably sounds silly but can my boss fire me for filing? I believe this would be considered discriminating?

As stated above by others, if you are an "at will" employee (most employees are - you should have an employment letter from your hire indicating all that, copies of papers you signed, etc.), that means you can be let go for anything and you can also leave your employer for any reason. If you have an employment contract, it will need to be reviewed to see if there is a clause regarding if you file bankruptcy - depending upon your position, there may be one. It usually states that if one files bankruptcy, they need to inform their employer; not informing the employer could result in termination. However, you cannot be fired specifically for filing BK; the problem is if you suspect that is the case, proving it would be extremely difficult especially if you are an at will employee. The only time one would have recourse if fired would be if they could prove the firing was due to discrimination (age, race, religion, sex, etc.) or retalitory measures (i.e., blowing the whistle on something in the company and then getting fired).