19 Del. Admin. Code § 1401-9.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1401-9.0 - Retaliatory personnel actions prohibited

9.1 If an individual believes they have been subject to retaliation for exercising their rights under the Act, the individual may file a complaint with the Division or file a civil lawsuit against their employer in a court of competent jurisdiction in this State. An individual is not required to file a complaint with the Division prior to bringing an action in court. If an individual files a complaint with the Division, they may not file a separate action in court.

9.1.1 Complaints must be submitted within 30 days of the alleged violation so that an investigation can be completed before the statute of limitations for filing a civil action in court expires.

9.1.2 An individual is not required to file a complaint with the Division prior to bringing an action in court. If an individual files a complaint with the Division, they may not file a separate action in court.

9.2 Upon a finding of a violation, a covered individual shall be entitled to damages as set forth in 19 Del.C. § 3707(c).

9.3 An employer's notification to the Division, made under a bona fide belief that the employee committed fraud in its application for benefits, shall not be the basis for an employee's retaliation action.

19 Del. Admin. Code § 1401-9.0

28 DE Reg. 147 (8/1/2024) (Final)