34:11C-5 Violations; penalties.
5. a. Upon a violation of any of the provisions of section 3 or section 4 of this act, an employee or former employee may institute a civil action in the Superior Court for relief. All remedies available in common law tort actions shall be available to a prevailing plaintiff. The court may also order any or all of the following relief:
(1)an assessment of a civil fine of not less than $1,000 and not more than $2,000 for the first violation of any of the provisions of section 3 or section 4 of this act and not more than $5,000 for each subsequent violation;
(2)an injunction to restrain the continued violation of any of the provisions of section 3 or section 4 of this act;
(3)reinstatement of the employee to the same position or to a position equivalent to that which the employee held prior to unlawful discharge or retaliatory action;
(4)reinstatement of full fringe benefits and seniority rights;
(5)Compensation for any lost wages, benefits and other remuneration;
(6)payment of reasonable costs and attorney's fees.
b.An action brought under this section shall be commenced within one year of the date of the alleged violation.
c.A private cause of action provided for in this section shall be the sole remedy for a violation of this act.
L.2013, c.82, s.5.
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Last modified: October 11, 2016