The bankruptcy code prohibits an employer from discriminating against or terminating an employee for filing or having filed for bankruptcy protection. A federal court in Wisconsin has extended this retaliation protection to an employee who intended to file for bankruptcy (and later did so). In Robinette v.
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Companies in severe financial distress often seek refuge in bankruptcy. However, while bankruptcy may offer the company-debtor protection against claims of unpaid wages, it does not insulate individual officers, directors and managers from personal liability under the Fair Labor Standards Act ("FLSA") for such claims. InBoucher v.
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