The answer to this question is “No”. The bankruptcy code makes it illegal for an employer to fire an employee if the employee files for bankruptcy. Many of my clients express this concern when they owe their employer for a loan that they will be discharging in their bankruptcy.
This doesn’t mean that an employer won’t try to find another reason to fire you. So how do you prove that they actually fired you because you filed for bankruptcy? In many instances you may not be able to prove it. However, keeping a good journal of things that your supervisor may say to you about your performance can be a valuable tool if you find yourself the victim of bankruptcy discrimination. Most importantly, do not give your employer ammunition, such as coming into work late or failing to complete assignments. That may be all they need to decide that it’s time for you to move on, even if you have filed for bankruptcy.
