Indiana § 22-4-13.3-5 Employer may not discriminate against employee because of income
withholding; employee remedies

Indiana Statutes

§ 22-4-13.3-5 — Employer may not discriminate against employee because of income withholding; employee remedies

Indiana § 22-4-13.3-5

Art. 4UNEMPLOYMENT COMPENSATION SYSTEM

Ch. 13.3Administrative Withholding for Benefit

This text of Indiana § 22-4-13.3-5 (Employer may not discriminate against employee because of income withholding; employee remedies) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 22-4-13.3-5 (2026).

Text

(a)An employer may not use the withholding of income to collect an overpayment to the department as a basis for:

(1)refusing to hire a potential employee;

(2)discharging an employee; or

(3)taking disciplinary action against an employee.

(b)If:

(1)an employee reasonably believes that an employer took an action described in subsection (a); and

(2)the employee was adversely affected by the employer's action; the employee may bring a suit against the employer in a court with jurisdiction.

(c)If a court determines that an employer took an action described in subsection (a), the employer may be:

(1)ordered to hire or reinstate an employee who was adversely affected by the employer's action without loss of pay or benefits; and

(2)fined an amount not to exceed one thousand dollars ($1,00

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(a) An employer may not use the withholding
of income to collect an overpayment to the department as a basis for:
(1) refusing to hire a potential employee;
(2) discharging an employee; or
(3) taking disciplinary action against an employee.
(b) If:
(1) an employee reasonably believes that an employer took an
action described in subsection (a); and
(2) the employee was adversely affected by the employer's action;
the employee may bring a suit against the employer in a court with
jurisdiction.
(c) If a court determines that an employer took an action described
in subsection (a), the employer may be:
(1) ordered to hire or reinstate an employee who was adversely
affected by the employer's action without loss of pay or benefits;
and
(2) fined an amount not to exceed one thousand dollars ($1,000).