Utah employers have a great deal of leverage in the employment relationship and can fire employees for no reason (unless it’s a violation of someone’s protected status). But there are laws and regulations meant to even the playing field to a certain degree, such as minimum wage requirements and protections from harassment and discrimination. Wrongful Termination in UtahEmployers who fail to follow at-will employment exceptions violate employment laws in the state and may find themselves involved in a lawsuit. In cases where an employee takes legal action against his or her employer, that person may be able to collect several different types of compensation if his or her case is successful. For instance, in employment law-related cases, an employee may be awarded front pay, back pay, reimbursement for attorney fees and punitive damages. The employee may also be able to go back to the position he or she was terminated from. Breach of ContractEmployers who establish an employment contract with an employee are not subject to Utah’s at-will employment laws. In addition to recognizing written contracts, the state also recognizes implied employment contracts based on oral agreements, any statements that are outlined in an employee handbook and any action displayed by employers that illustrate their intention to not fire at will. For instance, employers might have an implied contract if they promise an employee that as long as he or she performs well, he or she will remain employed. Employers who terminate an employee without good cause when an employment contract is in place may face legal action on behalf of the terminated worker. DiscriminationMost wrongful termination cases develop when discrimination is involved. In Utah, employers are not allowed to terminate an employee based on national origin, race, color, sex, religion, pregnancy, disability or age. They are also not permitted to terminate an employee based on HIV or AIDS status, genetic information, sexual orientation or gender identity. All employers in the state are required to comply with these laws if they have at least 15 employees. RetaliationEmployment laws in Utah make it illegal for employers to retaliate against an employee when he or she asserts his or her rights as a worker. For instance, if an employee files a complaint with HR on the basis that he or she was passed over for a raise because of his or her age, the worker’s employer is not allowed to discipline or fire the employee for this action. Employers in the state are also not allowed to retaliate against an employee if he or she participates in the investigation of a discrimination complaint, regardless of who filed the initial complaint, or if that employee put forth effort to stop discriminatory practices in the workplace. Public PolicyIn Utah, employers are not allowed to terminate an employee when he or she exercises his or her right to meet civic obligations and certain personal responsibilities. For instance, employers are required to provide their employees with unpaid leave when they are summoned for jury duty. Employers who either penalize or terminate their employees who fulfill this public duty may be subject to a wrongful termination lawsuit. If you have recently been fired or laid off and think your employer may have violated the law by letting you go, contact a Utah employment lawyer as soon as possible. Utah is generally an “at-will” employment state, meaning that an employee can usually be fired at any time for any reason, or even for no reason at all. However, there are several exceptions to the “at-will” employment rule, and an experienced Utah employment law attorney can explain your rights and determine whether or not you have a case. Being fired or dismissed from work is an unfortunate experience and many employees regard it as an “unfair” act of an employer. Employment wrongful termination occurs when an employee or worker is fired from a company for illegal or “unethical reasons”. So no matter how an employee looks at how “unfairly” he has been discharged, a termination becomes wrongful or illegal, for instance, if a violation against a federal law or statute has been made. However, other acts of an employer may also give rise to wrongful termination. A dismissed employee may file a wrongful termination claim under the following situations: • When termination is based on discrimination involving issues of age, race, gender, religion, and disability Filing a Wrongful Termination ClaimIn consideration of the strict statute of limitation in a wrongful termination case, the claim must be initiated by a discharged employee right after his termination. The claim must be submitted, with all pertinent documents, to the Equal Employment Opportunity Commission (EEOC) with assistance from an employment lawyer. The following documents are vital to one’s case and must be presented to an employment lawyer to pursue the claim: Typically, wrongful termination claims are filed for two main reasons: Steps for terminating an employee Let employees know where they stand: An employee shouldn’t be surprised that he or she is being fired. Whether the employee is not performing up to standard or does not work well within their team, you need to be clear about problems as they occur. Prepare documentation: If the employee fails to improve and will be terminated, have your documentation ready. You need to prepare a written notice of termination, and determine if a severance is necessary. Calculate the proper severance based on the total compensation the employee earned upon termination. If you have an employment contract, it is a good idea to verify if a termination clause settles the question of severance. “The severance depends on many criteria including the circumstances surrounding the hiring and firing, the employee’s age and experience, the position held and length of service with the organization. Written Employment ContractsIf you have a written contract or other statement that promises you job security, you have a strong argument that you are not an at-will employee. For example, you may have an employment contract stating that you can only be fired with good cause or for reasons stated in the contract. Or, you may have an offer letter or other written document that makes promises about your continued employment. If so, you might be able to enforce those promises in court. Implied PromisesThe existence of an implied employment contract an agreement based on things your employer said and did is another exception to the at-will rule. This can be difficult to prove because most employers are very careful not to make promises of continued employment. But implied contracts have been found where employers promised “permanent employment” or employment for a specific period of time or where employers set forth specific forms of progressive discipline in an employee manual. In deciding whether an implied employment contract exists, courts look at a number of things, including: Breaches of Good Faith and Fair DealingIf your employer acted unfairly, you may have a claim for a breach of a duty of good faith and fair dealing. Courts have found that employers breached the duty of good faith and fair dealing by: Violations of Public PolicyIt is illegal to violate public policy when firing a worker—that is, to fire for reasons that society recognizes as illegitimate grounds for termination. Before a wrongful termination claim based on a violation of public policy will be allowed, most courts require that there be some specific law setting out the policy. Many state and federal laws have specified employment-related actions that clearly violate public policy, such as firing an employee for: Some states also protect employees from being fired for very specific reasons, like service as an election officer or volunteer firefighter. Some courts have also held that employers cannot fire you because you took advantage of a legal remedy or exercised a legal right—such as filing a workers’ compensation claim or reporting a violation of the Occupational Safety and Health Act (OSHA). Employer LawyerWhen you need legal help for your business in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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