Retaliation prohibited - Presumption - Penalty

N.D.C.C. § 50-25.2-11 — under Vulnerable Adult Protection Services.

N.D.C.C. § 50-25.2-11

1. An employer who imposes any form of discipline or retaliation against an employee solely because the employee reported in good faith having knowledge of or reasonable cause to suspect that a vulnerable adult is or has been abused or neglected, or because the employee is a vulnerable adult with respect to whom a report was made, is guilty of a class B misdemeanor. 2. The employer of a person permitted to report pursuant to section 50-25.2-12 who retaliates against the person because of a report is liable to that person in a civil action for all damages. 3. A rebuttable presumption that retaliation has occurred arises when an adverse action is taken within ninety days of the report. An adverse action includes: a. The discharge from or termination of employment;

b. The demotion, negative work performance evaluation, reduction of hours worked, reduction of benefits or work privileges, or reduction in remuneration for services of the employee; or c. The restriction or prohibition of access by the employee to any place of employment or persons affiliated with the place of employment.

50-25.2-11.1. Civil remedy for financial exploitation - Damages - Commencement of action. 1. A vulnerable adult who has been financially exploited has a cause of action against any perpetrator and may recover damages for that exploitation. The action may be brought in a court of competent jurisdiction by: a. The vulnerable adult; b. The vulnerable adult's guardian or conservator; c. Any person acting on behalf of the vulnerable adult with the consent of the vulnerable adult; or d. The personal representative of the estate of a deceased victim. 2. An action for financial exploitation of a vulnerable adult must be proven by clear and convincing evidence. If financial exploitation is proven, the court shall award to the plaintiff actual damages, reasonable attorney's fees and costs, and reasonable fees for the services of a guardian ad litem if appointed by the court. 3. If the financial exploitation of the vulnerable adult by the perpetrator involved oppression, fraud, deception, or actual malice, the court may award exemplary damages in accordance with section 32-03.2-11. 4. An action for damages for financial exploitation of a vulnerable adult must be commenced within six years after the plaintiff discovers or, through exercise of reasonable diligence, should have discovered the facts constituting the financial exploitation.