Some of the clients that come into my Miami or Fort Lauderdale office, looking to file bankruptcy, are unemployed and actively seeking employment. Their main concern is that if they choose to file bankruptcy in Florida, the bankruptcy filing will have a negative impact on their ability to obtain employment.
Government employment:
Under Bankruptcy Code section 525(a) a Government unit “may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor” under the Bankruptcy Act or who was insolvent before or during such a case. What that translates to is that a government unit cannot be denied a job to an applicant solely on the basis that the applicant has filed for bankruptcy.
Private employment:
Under Bankruptcy Code section 525(b) state that “No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associate with such debtor or bankrupt.” What that translates to is that a private employer cannot decline a job application or terminate you from their organization solely due you filing for bankruptcy.
If you are thinking about filing for bankruptcy and would like to speak with a bankruptcy attorney in Miami, Fort Lauderdale or Boca Raton then please contact Ofer Shmucher at Shmucher Law, PL to schedule your free initial consultation in any of our five office locations.