NJ Bankruptcy Discrimination: Can You Get Fired for Declaring Bankruptcy?

No.  The federal Bankruptcy Code (11 U.S.C. § 525(b)) clearly states that no private employer may terminate employment or refuse to hire solely because someone has filed for bankruptcy or because the employee is associated with someone who filed.  Unlike other employment discrimination laws, however, the Bankruptcy Code does not award attorneys’ fees and costs if you win at trial.  This means that you will recover less in a successful trial for bankruptcy discrimination.

March 15, 2011 – Castronovo & McKinney – Paul Castronovo