@MyFico_704 wrote:
WOW! Great discussion guys! What did I start! But then again, I can't be the only person in America that has cc debt with an employer, struggling financially and is contemplating including that cc line in the filing. Each of the HYPOTHETICAL scenarios, I'm sure has occured somewhere/sometime in bk court and I'm sure there is documented precedence.
Question:
John - in your hypothetical example where the employer needs to cut but on staff you compare 2 employees both with good performances, very valuable with their skills and knowledge, but one has the bk filing where employer cc debt is included. I believe you stated if the decision were to come down to it THAT employee with the bk will most likely be the one chosen.
All things constant/equal between the two employees..if filer is chosen for termination/layoff how can you state that this is not direct retribution? How?
Please explain..
Because it is not. Why would the other employee, equal to you in every other way be more deserving of termination? You would have to be able to show that you were more deserving of continued employment, that you somehow had better performance, higher appraisals, less writeups, etc.
My point is that every at-will employee needs to maintain a good relationship. Anything that tarnishes it puts you in some jeopardy, to some degree. And the scenario you cited could not ever go in your favor if you decided to litigate because you cannot prove that you were more deserving to remain employeed.
And let us also say, what if the layoff were for 10, 20, 50, 100 or more people. There would be no way to say you were singled out....because it was a downsize. I realize O6 said otherwise, but the burden of proof in such a scenario, IMO, would be very hard to prove in today's employment/economic climate.
If there has to be a layoff and you are layed off, and you are no more deserving/credentialed than the guy/gal who stayed, then what can be said to be retribution? It's a judgement call. They didn't fire you because you went bk, because the fact was that they planned to fire somebody anyway and all things measured gave the other guy just as much claim to keep the job.
NOTE: I'm not stating, in any way, shape or form that you will be fired. I only stated that if you decide to re-affirm debt (if a bk) that it could be worth consideration to maintain the best of relations with your employer if you value the relationship. It's one thing to BK a faceless bank, but quite another to bite the hand that feeds you and faces you day to day.
