ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Labor & Employment Law Blogs -> Massachusetts Employment Law Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Labor & Employment Law

: Massachusetts Employment Law Blog

EMPLOYER?S CAN NOT DISCRIMINATE BASED UPON BANKRUPTCY FILINGS

By Michael Goldstein, Esq.

ADVERTISEMENTS

Laws protecting debtors from employment discrimination, more specifically, failure to hire, promote or termination after filing bankruptcy, have been deemed illegal discrimination pursuant to both Federal and state law.

No employer is allowed to terminate an employee or discriminate against said employee solely because they are bankrupt or a debtor. This includes an individual who is or was a debtor under the Bankruptcy Code, a debtor or bankrupt individual under the Bankruptcy Act, or one associated with such debtor or bankrupt individuals. 11 U.S.C.A. § 525(b)(1). This also includes an employee who is in the middle of a bankruptcy proceeding but it has yet to commence. 11 U.S.C.A. § 525(b)(2).An employee who has filed for bankruptcy can be discharged if their employer can show a real legitimate reason for their termination. Laracuente v. Chase Manhattan Bank, 891 F.2d 17 (1st Cir. 1989). This filing of bankruptcy must be the sole reason for the employer?s discrimination in order for the employee to recover. 11 U.S.C.A. § 525(b).

Full post as published by Massachusetts Employment Law Blog on July 08, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0025 secs (from cache 10/31/26 07:47:09)