Terminating or threatening to terminate employment of parent or guardian for appearance at proceeding prohibited; penalty; civil remedy.
1. If a parent or guardian of a child gives his employer or an agent of the employer notice of an appearance with or on behalf of the child in any court, it is unlawful for the employer or the agent of the employer to:
(a) Terminate the employment of the parent or guardian, as a consequence of his appearance or prospective appearance in court; or
(b) Assert to the parent or guardian that his appearance or prospective appearance in court will result in the termination of his employment.
2. Any employer or agent of an employer who violates the provisions of subsection 1 is guilty of a misdemeanor.
3. A parent or guardian who is discharged from employment in violation of subsection 1 may commence a civil action against his employer and obtain:
(a) Wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority or benefits;
(c) Damages equal to the amount of the lost wages and benefits; and
(d) Reasonable attorney’s fees fixed by the court.
4. For the purposes of this section, notice is given:
(a) In the case of a detention hearing, when the parent or guardian:
(1) Gives the employer or an agent of the employer oral notice in advance of the hearing; and
(2) Provides the employer with a certificate of attendance immediately upon return to employment.
(b) In the case of any hearing after the initial detention hearing, when the parent or guardian gives the employer or an agent of the employer, in advance of the hearing, the employer’s copy of the written notice of the hearing.
Last modified: February 25, 2006