Legal Question in Bankruptcy in California

Employer as creditor

Can my employer terminate me if i list them as a creditor?


Asked on 5/22/03, 3:30 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Employer as creditor

Interesting question. You are at-will, which means an employer can terminate you for any reasons, except illegal reasons. At the same time, bankruptcy law states that an employer cannot terminate you just because you file bankruptcy. I suppose the question is fact-dependent, whether you're in a fiduciary position, the level of your financial responsibility, whether the employer believes you misrepresented your condition when you secured the loan, etc. There's no easy answer to the question. -Robert F. Cohen, Esq.

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Answered on 5/22/03, 3:38 pm


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