LD 1163
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LD 1163 Title Page An Act To Provide That Employee Terminations by Any Company That Receives Monet... LD 1163 Title Page
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LR 617
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 26 MRSA §600 is enacted to read:

 
§600.__Protection from unjust discharge by subsidized
employers

 
1.__Definitions.__As used in this section, unless the
context otherwise indicates, the following terms have the
following meanings.

 
A.__"Taxpayer incentive payment" means any grant payment
or tax credit, reimbursement or forgiveness made pursuant
to:

 
(1)__The business equipment tax reimbursement under
Title 36, chapter 915;

 
(2)__The Maine Employment Tax Increment Financing
Act;

 
(3)__The jobs and investment tax credit under Title
36, section 5215;

 
(4)__The research expense tax credit under Title 36,
section 5219-K; or

 
(5)__The shipbuilding facility credit under Title 36,
chapter 919.

 
2.__Just cause required.__An employer in the State that
receives taxpayer incentive benefits may not terminate an
employee except for just cause.__If the employee contends that
the employee was discharged or released from employment
without just cause and the employer denies the claim and it is
found after hearing before the District Court that the
termination was not for just cause, the employer is liable
through an order from the court for the restoration of
employment with back pay and fringe benefits.__This section
may not operate so as to conflict with any collective
bargaining agreement negotiated with a bona fide union by an
employer under the National Labor Relations Act.

 
3.__Small businesses exempted.__This section does not apply
to a business that employs 50 or fewer employees.

 
SUMMARY

 
This bill provides that employers with more than 50
employees who receive taxpayer incentive benefits such as the
business equipment tax reimbursement program, or "BETR," may
not terminate an employee except for just cause.


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