32.0670 Employment rights of injured employees-Penalty.

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(a) No employer may discharge or dismiss any employee or deny such employee the right to return to his employment solely because he suffers any work injury which is compensable under this chapter and Chapter 32.05 and which arises out of and in the course of employment with the employer unless it is shown to the satisfaction of the Commissioner that the employee will no longer be capable of performing his work as a result of the work injury and that the employer has no other available work which the employee is capable of performing and which becomes available after the dismissal or discharge and during the period thereafter until the employee secures new employment.

(b) The foregoing provisions do not apply to any minor employer under subsection (c) of 32.0521.

(c) Any employer who violates this section shall be fined in an amount not to exceed $200, or be imprisoned for a period not to exceed 90 days, or both.

History: 1979, PL 16-9 § 1.