1. (A) There is a civil right of action for wrongful termination against an employer who discharges an employee authorized to work in the United States for the purpose of replacing that employee with a person the employer knows or should reasonably know is an unauthorized alien.

2. (B) An aggrieved employee must show all of the following:

   1. (a) the replacement occurred within sixty days of the date of the employee's termination;
   2. (b) the replacement worker was an unauthorized alien at the time of the replacement;
   3. (c) the employer knew or reasonably should have known of the replacement worker's status; and
   4. (d) the replacement worker filled duties and responsibilities the employee vacated.
3. (C) This section does not create an employment contract for either a public or private employer.

4. (D) An employee who brings a civil suit pursuant to this section is limited to the following recovery:

   1. (1) reinstatement to his former position;
   2. (2) actual damages; and
   3. (3) lost wages.
5. (E) A cause of action does not arise against an employer who submits the necessary identifying information for all employees through the Systematic Alien Verification of Entitlement (SAVE) program, the E-Verify Program or a successor program used for verification of work authorization and operated by the United States Department of Homeland Security.
6. (F) Any cause of action arising pursuant to this section is equitable in nature and must be brought within one year of the date of the alleged violation.
7. (G) For any action brought pursuant to this section, the court may award attorney fees to the prevailing party.
8. (H) The provisions of this section do not apply to a private employer who terminates an employee to comply with the provisions of Chapter 8 of Title 41.
9. (I) This section takes effect ninety days after the effective date of the act.

HISTORY: 2008 Act No. 280, SECTION 12, eff 90 days after effective date of act (approved June 4, 2008). SECTIONS 41-1-40, 41-1-50. Repealed by 2010 Act No. 137, SECTION 8, eff March 31, 2010.

Editor's Note

Former SECTION 41-1-40 was entitled "Employers requiring notice from employee quitting work shall post notice of shutdown" and was derived from 1962 Code SECTION 40-455; 1952 Code SECTION 40-455; 1942 Code SECTION 7030-14; 1932 Code SECTION 1318; Cr. C. '22 SECTION 210; 1912 (27) 750.

Former SECTION 41-1-50 was entitled "Acceptance of payment from relief fund shall be no bar to action for damages" and was derived from 1962 Code SECTION 40-456; 1952 Code SECTION 40-456; 1942 Code SECTION 7701; 1932 Code SECTION 7701; Civ. C. '22 SECTION 4275; Civ. C. '12 SECTION 2808; 1905 (24) 962.