Liability of Agency for Violating Provisions: If an employee of MDHS is found to have

Liability of Agency for Violating Provisions: If an employee of MDHS is found to have violated the provisions of this policy MDHS shall be liable to the affected employee for back pay and reinstatement. The affected employee may also bring action against MDHS seeking certain fees and damages. Additionally, the court may find MDHS’s executive director individually liable for a civil fine of up to $10,000.00 for each violation. Conversely, if the court determines that any action filed under this policy by an employee is frivolous and unwarrantable, the court may award to the employer court costs and reasonable expenses, including attorney’s fees, incurred in defense of actions brought by the employee under this policy.