Can I Get Fired For Filing Bankruptcy?
One of the common questions we get from San Diego consumers seeking debt relief is whether or not they can be terminated or fired for filing Chapter 7 or Chapter 13 bankruptcy protection. The basic answer to question is: NO! You cannot be terminated because you sought debt relief under the Bankruptcy Code. Federal statutes outlaw discrimination based on San Diego bankruptcy filings.
You can rest assured that the Constitution protects you from employer discrimination. Employers cannot terminate you because you filed a San Diego bankruptcy. Your rights will have been violated and you should take appropriate legal action. You should be relieved that your job is safe.
You should also be thankful that we have debt relief bankruptcy protection. While the Bankruptcy Code is one of the oldest we have in this county, if you were unable to pay your debts before, you could have been thrown in prison. Forget worrying about being fired for filing San Diego bankruptcy. If you failed to pay debts, you could go to jail for a very long time.
While there are concerns and things you should be aware of when filing bankruptcy, one of them is not whether you will be fired. Your lenders can still file a lawsuit against you for not paying unpaid balances. Creditors can garnish your wages, which means that your employer will be required by the court to withhold a certain amount from your paycheck to payoff creditors. Filing for Chapter 7 or Chapter 13 debt relief bankruptcy can stop wage garnishment and creditor harassment.
But, in the end, if you move forward with bankruptcy your employer cannot terminate you for filing bankruptcy. If your employer does fire you, you should seek legal redress.
At Thompson | Wedeking, we have helped thousands of individuals with San Diego foreclosure and debt relief, as well as Chapter 7, Chapter 11, and Chapter 13 bankruptcy. Call our office today at 619.615.0767.