1. (a) An employer may not use the withholding of income to collect an overpayment to the department as a basis for:

   1. (1) refusing to hire a potential employee;
   2. (2) discharging an employee; or
   3. (3) taking disciplinary action against an employee.

2. (b) If:

   1. (1) an employee reasonably believes that an employer took an action described in subsection (a); and

   2. (2) the employee was adversely affected by the employer's action;

      the employee may bring a suit against the employer in a court with jurisdiction.

3. (c) If a court determines that an employer took an action described in subsection (a), the employer may be:

   1. (1) ordered to hire or reinstate an employee who was adversely affected by the employer's action without loss of pay or benefits; and
   2. (2) fined an amount not to exceed one thousand dollars ($1,000).

As added by P.L.183-2015, SEC.5.