F.A.Q.

How do I know if I need an attorney?

Who can I talk to about my case?

I am a woman and believe I am more qualified for a position than the man who was hired. Do I have an employment discrimination case?

If I file bankruptcy, will I risk my employer finding out and perhaps losing my job?

Is Chapter 7 or Chapter 13 Bankruptcy Better?

How do I know if I need an attorney?
It depends on the nature of your case and the impact it will have on your life. It is better to consult with an attorney so as to not jeopardize yourself in any way. If an attorney believes you can manage a situation without the necessity of retaining that attorney, the attorney will happily inform you of such.
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Who can I talk to about my case?
With some exceptions, only conversations between you and your lawyer are privileged. The risk taken in discussing the case with others is that they could potentially become a witness against you. For that reason, never discuss the facts of your case with anyone other than your attorney. Confidential information with your attorney is protected by the attorney-client privilege.
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I am a woman and believe I am more qualified for a position than the man who was hired. Do I have an employment discrimination case?
If your employer doesn't like you and fires you, it isn't necessarily actionable discrimination. The employer must be discriminating on the basis of a "protected category" for the discrimination to be illegal. The specific categories which are protected and actions which are prohibited are spelled out in particular laws, or statutes, and summarized as follows:

Sexual Harassment –hostile work environment / sexual advances / abuse of power / pregnancy

Wrongful Termination –in violation of public policy / fraud - misrepresentation

Employment Discrimination –age / race / gender / sexual orientation / religious / national origin

Whistleblower Cases –retaliation / exit packages / public - private - federal (qui tam)

Civil Rights Violations – invasion of privacy / access – failure to accommodate / free speech / defamation / right to work / racial profiling

Employment Contracts / Non-Competes / Breach of Contract / Fraud - Misrepresentation
Because gender, or sex, is one protected category, everyone is protected by at least one category. Many people fall into more than one protected category. So far, the courts have allowed employers to discriminate against people on the basis of long hair and facial hair (except when worn for religious reasons), weight (except when the weight is because of a medical condition), and because the employer wants to hire a family member or promote a family member. Under the law, an employer can refuse to hire you because you are too young, but not because you are too old (over forty). None of these are protected categories.
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If I file bankruptcy, will I risk my employer finding out and perhaps losing my job?
The only parties that receive notice of the bankruptcy are your creditors, the bankruptcy court and the IRS. Generally, the bankruptcy will have no effect whatsoever on your employment or your taxes for that matter. Your employer will not be notified of the bankruptcy unless your employer is also a creditor. The bankruptcy is public record, so anyone who wants to find out could determine that you had filed. Generally, however, only you, your creditors and the IRS will know about the bankruptcy.
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Is Chapter 7 or Chapter 13 Bankruptcy Better?
The answer to this question depends on your specific circumstances. Generally speaking, Chapter 7 bankruptcy is better for people who have a lot of unsecured debts, like credit card debt and medical bills. If you don't have much property, your income is low, and most of your debts are unsecured, you might want to consider Chapter 7 bankruptcy. Chapter 13 bankruptcy, on the other hand, tends to be a better option for those who have regular income and non-exempt property they'd like to keep.
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