Termination or threat of termination of employment because of service as witness prohibited; penalty; remedies.
1. Any person, corporation, partnership, association or other entity who is:
(a) An employer; or
(b) The employee, agent or officer of an employer, vested with the power to terminate or recommend termination of employment,
Ê of a person who is a witness or who has received a summons to appear as a witness in a judicial or administrative proceeding, who deprives the witness or person summoned of his employment, as a consequence of his service as a witness or prospective witness, or who asserts to the witness or person summoned that his service as a witness or prospective witness will result in termination of his employment, is guilty of a misdemeanor.
2. A person 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.
Last modified: February 26, 2006