Can my employer send an all-staff email telling everyone that I have filed bankruptcy?

 

Ann Kiernan replies:

Federal law (11 U.S.C. §525) prohibits both public and private employers from firing or discriminating against an employee because of a bankruptcy filing. Most of the cases under this statute deal with terminations or transfers. Even though I could not find any cases on point, I think you could certainly make an argument that publicizing your financial problems simply because you filed for bankruptcy violates the spirit—if not the letter—of the law.

Good luck.

Posted 02-14-2017

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.

2017-03-15T16:56:14+00:00

About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.