(a) Any employer who refuses an employee access to personnel files as provided in this subchapter shall be deemed in violation of this subchapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. A civil penalty claim may be filed in any court of competent jurisdiction.

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Terms Used In Delaware Code Title 19 Sec. 735

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Employee: means any person currently employed, laid off with reemployment rights or on leave of absence. See Delaware Code Title 19 Sec. 731
  • Employer: shall mean any individual, person, partnership, association, corporation, the State, any of its political subdivisions or any agency, authority, board or commission created by them. See Delaware Code Title 19 Sec. 731
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Testify: Answer questions in court.

(b) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the department pursuant to this subchapter, or because the employee has caused to be instituted or is about to cause to be instituted any proceedings under this subchapter, or has testified or is about to testify in any such proceedings, shall be deemed in violation of this subchapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.

64 Del. Laws, c. 473, § ?1; 66 Del. Laws, c. 337, § ?1; 69 Del. Laws, c. 294, § ?11; 70 Del. Laws, c. 186, § ?1; 70 Del. Laws, c. 460, § ?3;