10-1-1021. Court remedies. (1) In a lawsuit initiated pursuant to this part, the court may provide one or more of the following remedies:
(a) require the employer to comply with the provisions of this part;
(b) require the employer to compensate the complainant for losses suffered by the complainant because of the employer's violation; or
(c) if the court finds that the employer's violation was done willfully, as defined in 1-1-204, require the employer to pay treble the amount of compensation under subsection (1)(b) as liquidated damages and punitive damages.
(2) If the complainant is the prevailing party, the court may award reasonable attorney fees to the complainant.
(3) The court may use its full equity powers, including temporary or permanent injunctions, temporary restraining orders, and contempt orders, to vindicate fully the rights or benefits of a person under this part.
History: En. Sec. 16, Ch. 381, L. 2005; amd. Sec. 3, Ch. 366, L. 2021.
Structure Montana Code Annotated
Title 10. Military Affairs and Disaster and Emergency Services
Part 10. Montana Military Service Employment Rights
10-1-1002. Purpose -- legislative intent
10-1-1004. Rights under federal law
10-1-1005. Prohibition against employment discrimination
10-1-1006. Entitlement to leave of absence
10-1-1007. Right to return to employment without loss of benefits -- exceptions -- definition
10-1-1008. Leave of absence for elected officials -- restoration to office
10-1-1009. Paid military leave for public employees
10-1-1010. Appointment of acting officials
10-1-1011. through 10-1-1014 reserved
10-1-1015. Procedure for filing complaint
10-1-1016. Assistance, investigation, and enforcement of complaints
10-1-1017. Enforcement and investigative powers of department
10-1-1018. Referral of complaint to state attorney general
10-1-1019. Independent lawsuit not precluded -- exhaustion of administrative remedies
10-1-1020. Jurisdiction -- venue -- standing -- respondent -- time limit -- expedited hearing
10-1-1022. Special revenue account for payment to claimants