Employment - Terminated Because of BK?

[Help in Vegas]

Hello all - I have a question.

I filed for BK (Chapter 7) on the 9th of June.

There was a Garnishment on my wages which there had only been 3 deductions (I am paid every 2 weeks).

My lawyer said my employer would be notified to stop the garnishment because of the BK filing.

I had a glowing review in February - no problems at all.

Payday was today - I was terminated after several years - no warning - no nothing - it "just wasn't working out". I asked my Manager if it was because of the BK - "I was told to say it just wasn't working out".

1) Can you be terminated for BK filing? Seems an odd coincidence that it happened now.
2) I know we are an At Will State so you can be terminated for no real reason - but....

Advise?

Thank you!

[aa06a47]

Hello all - I have a question.

I filed for BK (Chapter 7) on the 9th of June.

There was a Garnishment on my wages which there had only been 3 deductions (I am paid every 2 weeks).

My lawyer said my employer would be notified to stop the garnishment because of the BK filing.

I had a glowing review in February - no problems at all.

Payday was today - I was terminated after several years - no warning - no nothing - it "just wasn't working out". I asked my Manager if it was because of the BK - "I was told to say it just wasn't working out".

1) Can you be terminated for BK filing? Seems an odd coincidence that it happened now.
2) I know we are an At Will State so you can be terminated for no real reason - but....

Advise?

Thank you!

Sorry to hear about your job loss.

No, you cannot be terminated because of bankruptcy. It is a violation of Federal Law for them to do so. With that said, it will also be very hard for you to prove that you were terminated because of it.

Is your company large or small? Does it have government contracts?

[FloridaGirl]

You really should hire an attorney. It sounds like you have a case. It may be hard to prove, but try anyway. Why else would they have fired you out of the blue, when things were going great? What a bunch of crap.

[anonymuse]

I'm so sorry to hear this. Life has been stressful enough for you.

Did anyone else hear her say this? (i.e. a potential witness)

Write down everything you can remember, where you were located, what people were wearing--any detail you can think of and ask a lawyer for a consult.

[miss puff]

That's aweful!!! Sorry to hear about your job loss. I think your manager really said alot when she/he said I was told. If you don't have a history of warnings and reprimands, I would seriously consider legal council about it. Again, sorry you got let go.

[anonymuse]

"At Will" states still don't mean you can break the law. For example, they can't fire you if you have a disability or because you're of a certain nationality or skin color--they can't supercede federal law.

[SinkingFast]

"At Will" states still don't mean you can break the law. For example, they can't fire you if you have a disability or because you're of a certain nationality or skin color--they can't supercede federal law.

So true, Anon.

The problem is,............ There've been enough suits for sex, race, handicap, etc discrimination that employers won't go there. But BK folks generally don't have the resources to hire an attny to go after BK discrimination.

One thing I would suggest you do, Vegas,.......... Hire an attny and have him/her file a Motion of Discovery. I think that's what it is. You want to get your hands on copies of your employment records. Time cards, if you punched the clock. Copies of your personnel files for reviews and reprimands. Etc. And do that ASAP before the employer has an opportunity to think they'd better "store" your records where they can be damaged or lost.

And Anon's suggestion of creating a log book is a very good one. Sit down and jot notes about what happened when and who said what to you. As you remember things that have happened recently and up to a year or so ago, jot them down. If and/or when you get copies of your employment records, you'll probably be able to match up varying events you recall with "facts" documented by your employer.

Also, write down the names of your coworkers. Try and get their addresses and telephone numbers. Any contact info you can. Never know who may step up and verify your side of the story.

[2LiveSimple]

I believe they can

If your one of the pre screens for your employment was a credit check ie. good credit is a condition for employment they may have the right to "let you go".

You see credit history is used especially in jobs of a trusted nature. Government, banking and etc. I am not saying they are right in letting you go..I am just saying that maybe something to keep in mind when you file for discovery. I would still file..or try to fight it. I am facing a similar situation, I am in an occupation of trust right now..and by BK I will most likely lose my job. But I am running out of options at this time.. anyway thats my two cents worth..

Good luck and if you decide to fight I really do hope you win out against your employer. Go For It!

[Help in Vegas]

Continued....

Thanks for your replies....

Let's see:

1) I was hired in November, 2004 - High-End Merchandise Sales. My credit would have been crap then as these are ALL OLD DEBTS from like 6+ years ago.
2) My manager had a BK on his record when he was hired (he told me) - but his is now in real estate so he is not the one that fired me.
3) I was promoted to Asst. Manager during the course of working there.
4) Reveiws - nothing but good.
5) Garnishment occurred early May (maybe late April).
6) When I was terminated - there was the regular ADP check and then a maual for the last week. Fishy since I filed on the 9th of June - Terminated on the 15th. When I point-blank asked if it was because of the BK - I was told "I was told to say it just wasn't working out".

I am contacting a wrongful termination attorney here in Vegas this coming week. He works on an "if we win" basis and has been in Vegas forever - alot of recommendations on him - we will see.

Thanks for listening!

[brokemommy]

I am so glad I joined, this is a great thread, but scary if an employer turns on you. I hate at will employment.