1. (a) An employee who has been wrongfully discharged by a new contractor may bring an action in the Superior Court of the District of Columbia and may be awarded:

   1. (1) Back pay for each day the violation continues at a rate of compensation not less than the higher of:

      1. (A) The average regular rate of pay received by the employee during the last 3 years of the employee’s employment in the same occupation classification; or
      2. (B) The final regular rate received by the employee; and
   2. (2) Costs of benefits the new contractor would have incurred for the employee under the new contractor’s benefit plan.
2. (b) In any suit, the court shall allow the prevailing party reasonable attorney’s fees as part of the costs recoverable.
3. (c) This chapter shall not be construed to limit an employee’s right to bring a common law cause of action for wrongful termination.

History

Apr. 26, 1994, D.C. Law 10-105, § 4, 41 DCR 1011

Prior Codifications

1981 Ed., § 36-1503.