Bill Text: MS HB49 | 2010 | Regular Session | Engrossed
Bill Title: Workers' compensation; prohibit discharge of employee filing claim in good faith.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-03-02 - Died In Committee [HB49 Detail]
Download: Mississippi-2010-HB49-Engrossed.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Labor
By: Representative Mayo
House Bill 49
(As Passed the House)
AN ACT TO MAKE IT UNLAWFUL FOR AN EMPLOYER TO TERMINATE THE EMPLOYMENT OF ANY EMPLOYEE WHO HAS MADE A GOOD FAITH CLAIM UNDER THE MISSISSIPPI WORKERS' COMPENSATION LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) No person may discharge or in any other manner discriminate against any employee because the employee has in good faith filed a claim, employed counsel to represent him in a claim, instituted, or caused to be instituted in any proceeding under the Mississippi Workers' Compensation Law or who, in good faith, has testified or is about to testify in any such proceeding.
(2) A person who violates any provision of subsection (1) of this section shall be liable for reasonable damages suffered by an employee as a result of the violation, and an employee discharged in violation of this section shall be entitled to reinstatement to his former position. In addition, a person who violates any provision of this subsection (1) shall be assessed a fine equal to Five Thousand Dollars ($5,000.00) for each violation of this subsection to be paid to the Mississippi Workers' Compensation Commission. The burden of proof shall be upon the employee and the burden shall be a preponderance of the evidence.
(3) The chancery courts of the State of Mississippi shall have jurisdiction to issue injunctions to restrain a person who violates this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.
