Section 34:11C-5 - Violations; penalties.

NJ Rev Stat § 34:11C-5 (2019) (N/A)

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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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