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

By Thomas McKinney

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

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.