§ 22-4-39.5-3 — Civil action to obtain reimbursement from employer that knowingly employed an unauthorized alien; filing; federal government verification; awards; deposit

Indiana § 22-4-39.5-3

• Jurisdiction: Indiana
• Art. 4: UNEMPLOYMENT COMPENSATION SYSTEM
• Ch. 39.5: Reimbursements by Employers of Unauthorized

Text

(a) The department may file a civil action to
obtain reimbursement of amounts paid by the department as
unemployment insurance benefits from an employer that has knowingly
employed an unauthorized alien.
(b) The action must be filed in the county in which the employer
employed the unauthorized alien.
(c) In determining whether an individual is an unauthorized alien for
purposes of this chapter, a court may consider only the federal
government's verification or status information under 8 U.S.C. 1373(c).
(d) After holding a hearing and making a finding that the employer
knowingly employed an unauthorized alien, the court shall award the
following to the department:
(1) The reimbursement of unemployment insurance benefits paid
by the department computed using the salary of the position held
by the unauthorized alien during the period the unauthorized alien
was employed by the employer.
(2) Reasonable costs and attorney's fees.
(e) The department shall deposit the reimbursement awarded under
subsection (d)(1) in the unemployment insurance benefit fund
established by IC 22-4-26-1.

Legislative History

As added by P.L.171-2011, SEC.15.