Employee protected from discharge or discrimination; procedure for reinstatement.
1. A person shall not discharge or in any manner discriminate against any employee because the employee has filed any 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 the employee on behalf of himself or others of any right afforded by this chapter.
2. Any employee aggrieved by a violation of subsection 1 may file a complaint for the relief afforded under subsection 3, after first notifying his employer and the Division of his intention to file the complaint. Any complaint must be filed with the Division within 30 days after the violation has occurred and must set forth in writing the facts constituting the violation.
3. Upon receipt of the complaint by the Division, the Administrator shall cause such investigation to be made as he deems appropriate. If upon investigation, the Administrator determines that the provisions of subsection 1 have been violated, he shall bring an action in the name of the Administrator in any appropriate district court against the person who has committed the violation.
4. If the court finds that the employee was discharged or discriminated against in violation of subsection 1, the employee is entitled to reinstatement and reimbursement for lost wages and work benefits.
5. Any decision reached by the Administrator relating to the filing of an action pursuant to this section must be made available to the complaining employee within 90 days after the Division’s receipt of the complaint.
Last modified: February 25, 2006