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§ 1484. Remedies

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. Labor

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 43 P.S. Labor (Refs & Annos)
Chapter 28. Employee's Failure to Report to Work During a State of Emergency
43 P.S. § 1484
§ 1484. Remedies
Currentness
(a) Civil action.--An employee may bring an action against an employer for a violation of section 2.
(b) Limitation.--Notwithstanding 42 Pa.C.S. § 5524(7) (relating to two year limitation), an action under this section must be commenced within 90 days of the date the cause of action arises.
(c) Elements.--To recover under this section, an employee must prove by a preponderance of the evidence that the employer intentionally and knowingly violated section 2.
(d) Relief.--If an employee is successful in an action under this section, the court may order any of the following:
(1) An injunction ordering the employer to:
(i) revoke the disciplinary action or penalty; and
(ii) if necessary, reinstate the employee.
(2) Damages in the amount of wages and benefits lost from the time of the violation to the time of compliance with the injunction under paragraph (1).
(e) Costs and fees.--If an employee is successful in an action under this section, the court may award the employee court costs and reasonable attorney fees.

Credits

1998, Jan. 29, P.L. 22, No. 4, § 4, effective in 60 days.
43 P.S. § 1484, PA ST 43 P.S. § 1484
Current through Act 92 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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