A. A Laid Off Worker may bring an action in the Superior Court of the State of California against an Employer for violations of this article and may be awarded:
1. Hiring and reinstatement rights pursuant to this article.
2. All actual damages (including, but not limited to, lost pay and benefits) suffered by the Laid Off Worker and for statutory damages in the sum of $1,000, whichever is greater.
3. Punitive damage, pursuant to California Civil Code Section 3294.
4. The court shall award reasonable attorneys’ fees and costs to a Laid Off Worker who prevails in any such enforcement action and to an Employer who prevails and obtains a court determination that the Worker’s lawsuit was frivolous.
B. A civil action by a Laid Off Worker alleging a violation of any provision of this article shall commence only after the following requirements have been met:
1. The Laid Off Worker provides written notice to the Employer of the provisions of the article alleged to have been violated and the facts to support the alleged violation; and
2. The Employer is provided 15 days from receipt of the written notice to cure any alleged violation.
C. Notwithstanding any provision of this Code, or any other ordinance to the contrary, no criminal penalties shall attach for violation of this article.