TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 21

PROTECTION OF PUBLIC EMPLOYEES

6-2105.  Remedies for employee bringing action — Proof required. (1) As used in this section, "damages" means damages for injury or loss caused by each violation of this chapter, and includes court costs and reasonable attorneys’ fees.

(2)  An employee who alleges a violation of this chapter may bring a civil action for appropriate injunctive relief or actual damages, or both, within one hundred eighty (180) days after the occurrence of the alleged violation of this chapter.

(3)  An action begun under this section may be brought in the district court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides or has his principal place of business.

(4)  To prevail in an action brought under the authority of this section, the employee shall establish, by a preponderance of the evidence, that the employee has suffered an adverse action because the employee, or a person acting on his behalf, engaged or intended to engage in an activity protected under section 6-2104, Idaho Code.

(5)  (a)  In no action brought pursuant to this chapter shall a judgment for noneconomic damages be entered for a claimant exceeding the limitation on damages contained in section 6-1603(1), Idaho Code.

(b)  The limitation contained in this subsection shall apply to the sum of noneconomic damages sustained by a claimant.

(c)  Governmental entities and their employees shall not be liable for punitive damages on any claim allowed under the provisions of this section.

History:

[6-2105, added 1994, ch. 100, sec. 1, p. 228; am. 2020, ch. 295, sec. 2, p. 849.]