Sec. 38.1. (a) No person shall discharge or in any way discriminate against any employee because such employee has filed a complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of the employee or others of any right afforded by this chapter.

     (b) Any employee who believes that the employee has been discharged or otherwise discriminated against by any person in violation of this section may, within thirty (30) calendar days after such violation occurs, file a complaint with the commissioner alleging such discrimination. Upon receipt of such complaint, the commissioner shall cause such investigation to be made as the commissioner deems appropriate. If after such investigation, the commissioner determines that the provisions of this section have been violated, the commissioner, through the attorney general, shall, within one hundred twenty (120) days after receipt of said complaint, bring an action in the circuit court, superior court, or probate court. The circuit court, superior court, or probate court shall have jurisdiction to restrain violations of this section and order all appropriate relief, including rehiring, or reinstatement of the employee to the employee’s former position with back pay, after taking into account any interim earnings of the employee.

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Terms Used In Indiana Code 22-8-1.1-38.1

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Commissioner: means the commissioner of labor or the commissioner's duly designated representative. See Indiana Code 22-8-1.1-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Employee: means a person permitted to work by an employer in employment. See Indiana Code 22-8-1.1-1
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probate: Proving a will
  • Testify: Answer questions in court.
     (c) Within ninety (90) days of the receipt of a complaint filed under this section, the commissioner shall notify the complainant in writing of the commissioner’s determination under this section.

Formerly: Acts 1973, P.L.241, SEC.44. As amended by P.L.84-2016, SEC.97.

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