No. Your employer may not fire you simply because you file bankruptcy. That would be illegal.
In Oklahoma, employment is generally considered to be “at will” absent a written employment contract between the employer and the employee or a collective bargaining agreement between a union and an employer. This means that either you or your employer can end your employment relationship. You can quit your job at any time for any reason and you don’t have to give any notice. Your employer also can fire you at any time. Without notice. Without hearing. And for any reason whatsoever as long as that reason isn’t illegal or against “public policy.”
It is illegal for an employer to fire an employee just because the employee files bankruptcy.
The Bankruptcy Code contains specific protections for people who file bankruptcy. Section 525(b) says, “No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or her been a debtor under this title…solely because such debtor is or has been a debtor under this title or has not paid a debt that is dischargeable in a case under this title.”
In other words, if you’re fired just because you filed for bankruptcy, your employer is breaking the law, and you can sue for losses and damages.
If you are struggling with debt problems and would like to know more about how bankruptcy may be able to help you, contact me today by phone or email to schedule a FREE initial consultation. I would count it a privilege to be able to visit with you in a relaxed and confidential environment where I’ll answer all of your questions in plain English and give you the straight scoop on the pros and cons of bankruptcy as related to your specific situation.
