Section 22-8-1.1-38.1 - Discrimination against employee filing complaint or testifying; complaint; remedy; notice of determination(a) No person shall discharge or in any way discriminate against any employee because such employee has filed a complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of the employee or others of any right afforded by this chapter.(b) Any employee who believes that the employee has been discharged or otherwise discriminated against by any person in violation of this section may, within thirty (30) calendar days after such violation occurs, file a complaint with the commissioner alleging such discrimination. Upon receipt of such complaint, the commissioner shall cause such investigation to be made as the commissioner deems appropriate. If after such investigation, the commissioner determines that the provisions of this section have been violated, the commissioner, through the attorney general, shall, within one hundred twenty (120) days after receipt of said complaint, bring an action in the circuit court, superior court, or probate court. The circuit court, superior court, or probate court shall have jurisdiction to restrain violations of this section and order all appropriate relief, including rehiring, or reinstatement of the employee to the employee's former position with back pay, after taking into account any interim earnings of the employee.(c) Within ninety (90) days of the receipt of a complaint filed under this section, the commissioner shall notify the complainant in writing of the commissioner's determination under this section.Amended by P.L. 84-2016, SEC. 97, eff. 7/1/2016.Formerly: Acts1973 , P.L. 241, SEC.44.