(a) Notice.--Within 30 days of the control-share approval, the employer shall provide written notice to each eligible employee and to the collective bargaining representative, if any, of the rights of eligible employees under this subchapter.
(b) Remedies.--In the event any eligible employee is denied a lump-sum payment in violation of this subchapter or the employer fails to provide the notice required by subsection (a), the employee on his or her own behalf or on behalf of other employees similarly situated, or the collective bargaining representative, if any, on the behalf of the employee, may, in addition to all other remedies available at law or in equity, bring an action to remedy such violation. In any such action, the court may order such equitable or legal relief as it deems just and proper.
(c) Civil penalty.--In the case of violations of subsection (a), the court may order the employer to pay to each employee who was subject to a termination of employment and entitled to severance compensation under this subchapter a civil penalty not to exceed $75 per day for each business day that notice was not provided to such employee.
(d) Successor liability.--The rights under this subchapter of any individual who was an eligible employee at the time of the control-share approval shall vest at that time, and, in any action based on a violation of this subchapter, recovery may be secured against:
(1) a merged, consolidated or resulting domestic or foreign corporation or other successor employer; or
(2) the corporation after its status as a registered corporation has terminated;
notwithstanding any provision of law to the contrary.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 15 - CORPORATIONS AND UNINCORPORATED ASSOCIATIONS
Chapter 25 - Registered Corporations
Section 2501 - Application and effect of chapter
Section 2502 - Registered corporation status
Section 2503 - Acquisition of registered corporation status
Section 2504 - Termination of registered corporation status
Section 2511 - Financial reports to shareholders
Section 2512 - Dissenters rights procedure
Section 2513 - Disparate treatment of certain persons
Section 2521 - Call of special meetings of shareholders
Section 2522 - Adjournment or postponement of meeting of shareholders
Section 2523 - Quorum at shareholder meetings
Section 2524 - Consent of shareholders in lieu of meeting
Section 2525 - Appointment of custodian
Section 2526 - Voting rights of directors
Section 2527 - Authority of board of directors
Section 2528 - Notice of shareholder meetings
Section 2530 - Qualifications of directors
Section 2535 - Proposal of amendment to articles
Section 2536 - Application by director for involuntary dissolution
Section 2537 - Dissenters rights in asset transfers
Section 2538 - Approval of transactions with interested shareholders
Section 2539 - Adoption of plan of merger by board of directors
Section 2541 - Application and effect of subchapter
Section 2543 - Controlling person or group
Section 2544 - Right of shareholders to receive payment for shares
Section 2545 - Notice to shareholders
Section 2546 - Shareholder demand for fair value
Section 2547 - Valuation procedures
Section 2548 - Coordination with control transaction
Section 2551 - Application and effect of subchapter
Section 2553 - Interested shareholder
Section 2554 - Business combination
Section 2555 - Requirements relating to certain business combinations
Section 2556 - Certain minimum conditions
Section 2561 - Application and effect of subchapter
Section 2563 - Acquiring person safe harbor
Section 2564 - Voting rights of shares acquired in a control-share acquisition
Section 2565 - Procedure for establishing voting rights of control shares
Section 2566 - Information statement of acquiring person
Section 2568 - Board determinations
Section 2571 - Application and effect of subchapter
Section 2572 - Policy and purpose
Section 2574 - Controlling person or group safe harbor
Section 2575 - Ownership by corporation of profits resulting from certain transactions
Section 2576 - Enforcement actions
Section 2582 - Severance compensation
Section 2583 - Enforcement and remedies
Section 2585 - Application and effect of subchapter
Section 2587 - Labor contracts preserved in business combination transactions