MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Insurance

By: Representative Watson

House Bill 1537

AN ACT TO MAKE IT UNLAWFUL FOR AN EMPLOYER TO TERMINATE THE EMPLOYMENT OF ANY EMPLOYEE WHO HAS MADE A GOOD FAITH CLAIM UNDER THE MISSISSIPPI WORKERS' COMPENSATION LAW; AND FOR RELATED PURPOSES.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) No person may discharge or in any other manner discriminate against any employee because the employee has in good faith filed a claim, employed counsel to represent him in a claim, instituted, or caused to be instituted, in good faith, any proceeding under the Mississippi Workers' Compensation Law, or has testified or is about to testify in any such proceeding.

(2) A person who violates any provision of subsection (1) of this section shall be liable for reasonable damages suffered by an employee as a result of the violation, and an employee discharged in violation of this section shall be entitled to be reinstated to his former position. The burden of proof shall be upon the employee and the burden shall be a preponderance of the evidence.

(3) The chancery courts of the State of Mississippi shall have jurisdiction to issue injunctions restraining violations of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.