Sec. 5. (a) An employer may not use the withholding of income to collect an overpayment to the department as a basis for: (1) refusing to hire a potential employee; (2) discharging an employee; or (3) taking disciplinary action against an employee. (b) If: (1) an employee reasonably believes that an employer took an action described in subsection (a); and (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. (c) If a court determines that an employer took an action described in subsection (a), the employer may be: (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) fined an amount not to exceed one thousand dollars ($1,000).
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