(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;(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.
Indiana Legal Code