Sec. 5. (a) An employer may not use the withholding of income to collect an overpayment to the department as a basis for:
(1) refusing to hire a potential employee;
(2) discharging an employee; or
(3) taking disciplinary action against an employee.
(b) If:
(1) an employee reasonably believes that an employer took an action described in subsection (a); and
(2) the employee was adversely affected by the employer's action;
the employee may bring a suit against the employer in a court with jurisdiction.
(c) If a court determines that an employer took an action described in subsection (a), the employer may be:
(1) ordered to hire or reinstate an employee who was adversely affected by the employer's action without loss of pay or benefits; and
(2) fined an amount not to exceed one thousand dollars ($1,000).