§ 2003 — Penalties [For application of this section, see 84 Del. Laws, c. 453, § 3]

(a) A service employee who has been discharged or otherwise not retained in violation of this chapter may bring an action as follows:

(1) Against the awarding authority, for any violation of § 2002(a) through (b) of this title.

(2) Against the successor employer, for any violation of § 2002(c) through (h) of this title.

(b) A person who refuses, fails, or neglects to comply with § 2002 of this title is liable to the service employee for punitive damages as follows:

(1) For a first violation, an amount not exceeding $2,500.

(2) For a second or subsequent violation, an amount not exceeding $5,000.

(3) Each work week during which there is a day when a violation occurs constitutes a separate violation.

(c) In addition to the damages under subsection (b) of this section, the court may do any of the following for a violation of § 2002 of this title:

(1) Award the service employee reasonable attorneys’ fees and costs.

(2) Require the violator to pay special damages, including back pay and interest on back pay.

(3) Require the violator to pay compensatory damages.

(4) Issue injunctive relief requiring a successor employer to do any of the following:

a. Employ service employees as required under this chapter.

b. Provide information as required under § 2002 of this title.

Legislative History

84 Del. Laws, c. 453, § 1