65-05-37. Retaliation by employer prohibited - Action for damages - Penalty

65-05-37. Retaliation by employer prohibited - Action for damages - Penalty An employer who willfully discharges or willfully threatens to discharge an employee for seeking or making known the intention to seek workforce safety and insurance benefits is liable in a civil action for damages incurred by the employee, including reasonable attorney's fees. Damages awarded under this section may not be offset by any workforce safety and insurance benefits to which the employee is entitled. A willful violation of this section is a class A misdemeanor.