Legal Question in Bankruptcy in California

Can I sue my police department (where I'm a police officer) for trying to suspend me becuase I filed bankruptcy and did not pay a debt?


Asked on 3/29/13, 1:58 am

2 Answers from Attorneys

Asaph Abrams Law Office of Asaph Abrams

The Bankruptcy Code proscribes post-bankruptcy-filing discrimination by an employer. Without knowing the particular circumstances of the bankruptcy and the employer-employee relationship, I'd stress that a suspension-attempt isn't tantamount to termination. In bankruptcy and life, think long-term career, relations in the department, and pension before biting the hand that feeds, even if it's a sometimes rough hand.

This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn�t address all facts & implications of the question; it�s general info, not legal advice to be relied upon and exceptions may apply. It creates no attorney-client relationship; it may be pertinent only to CA and/or its Southern District Bankruptcy Court in San Diego. It�s independent of other answers. It may be time sensitive, as in past the �Use by� date: laws and case law change. Hire a bankruptcy lawyer before acting or refraining from bankruptcy or other legal action.

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Answered on 3/29/13, 8:10 am
Charles Andersen Charles Andersen, Atty

If you suffered any accountable damages for their efforts it's a black and white case, plus any violation of your civil rights adds up to a case.

However, remember, you would need some direct proof that that was the reason. Circumstantial evidence and conjecture won't be sufficient, and in filing an employment case you are opening the door for the police department to bring in all the other dissatisfactions that they may have about your performance. Another words in that suit they will seek to claim that they attempted to suspend your for performance reasons or some other impropriety, other than what would be an open and shut violation of federal law.

If you are still interested in pursuing the case give me a call http://www.absolutebankruptcy.org

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Answered on 3/29/13, 6:31 pm


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