SF 229

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am

A bill for an act
relating to employment; providing remedies for failure to provide required
statutory notice for involuntary employment termination; amending Minnesota
Statutes 2008, section 181.935.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 181.935, is amended to read:

181.935 INDIVIDUAL REMEDIES; PENALTY.

(a) In addition to any remedies otherwise provided by law, an employee injured by
a violation of section 181.932 may bring a civil action to recover any and all damages
recoverable at law, together with costs and disbursements, including reasonable deleted text begin attorney's deleted text end new text begin
attorney new text end fees, and may receive such injunctive and other equitable relief as determined by
the court.

(b) An employer who failed to notify, as required under section 181.933 or 181.934,
an employee injured by a violation of section 181.932 is subject to a civil penalty of $25
per day per injured employee not to exceed $750 per injured employee.

(c) If the district court determines that a violation of section 181.932 occurred,
the court may order any appropriate relief, including but not limited to reinstatement,
back-pay, restoration of lost service credit, if appropriate, compensatory damages, and the
expungement of any adverse records of an employee who was the subject of the alleged
acts of misconduct.

new text begin (d) In addition to any remedies otherwise provided by law, an employee injured by
a violation of section 181.933 may bring a civil action to recover any and all damages
recoverable at law, together with costs and disbursements, including reasonable attorney
fees, and may receive such injunctive and other equitable relief as determined by the court.
new text end