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;

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Terms Used In Indiana Code 22-4-13.3-5

  • benefits: means the money payments payable to an eligible individual as provided in this article with respect to his unemployment. See Indiana Code 22-4-2-1
  • 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.
(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).

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