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Questions Answered by Michael C. Smith
2 Answers | Asked in Employment Law for Utah on
Q: is it grounds for termination if you say no on convictions ? with app if employer doesnt require background check

im on probation i got hired and did everythng drug screening driving record they didnt require background check so i marked no on the convictions part of application. my probation officer called to verify employment then employer re looked at application and seen i marked no and fired me the... Read more »

Michael C. Smith
Michael C. Smith answered on Feb 7, 2020

I'm afraid that you can be fired for lying on a job application, even if you didn't think they would check it out. I know it makes it harder to get a job if you tell the truth, but employers have a right to know your criminal history.

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1 Answer | Asked in Employment Discrimination for Utah on
Q: I work fir roofing company contracted for aur firce base...i was only female treated very poorly..di i have a retaliatio
Michael C. Smith
Michael C. Smith answered on Dec 27, 2019

Sex-based discrimination and retaliation claims may be successful against an employer who hires, fires, or deprives an employee of important benefits because of a person's sex, or retaliates against a person who complains of sexual discrimination in the workplace. There are federal and state... Read more »

1 Answer | Asked in Nursing Home Abuse, Employment Law and Personal Injury for Utah on
Q: I got hurt/burnt at work, at a nursing home. Someone left oil and food on the grill and set off the fire alarm.

And in a panic I grab the tool to get grease off and other stuff off the grill and the oil was at the highest temperature. And when I scrapped the burnt everything off the oil went up the tool on to my hand and caused. 2nd-3rd degree burns from the tip of my finger to my nuckle. After a half hour... Read more »

Michael C. Smith
Michael C. Smith answered on Oct 18, 2019

I'm very sorry to hear about your injury and the retaliation by your company. You probably have a workers compensation claim for your injuries and a wrongful termination. You should definitely speak to an attorney about your case. Best wishes to a quick recovery.

2 Answers | Asked in Employment Law and Sexual Harassment on
Q: I was raped by a co-worker. He threatened me. Now that I don't work there anymore, can I make a case?

Six months ago I was raped by a co-worker. He told me that if I tell anyone he would accuse me of committing fraud in the business. So I didn't spoke to anyone. He was pretty abusive, mentally. He kept on threatening me. A month after, he went to our boss and told him that I stole from the... Read more »

Michael C. Smith
Michael C. Smith answered on Apr 30, 2019

You are likely still within the Statute of Limitations for a civil lawsuit against him for rape, defamation, and interfering with your job, or you can report it to the police as criminal conduct.

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1 Answer | Asked in Employment Law for Utah on
Q: i am working full time for a employer, there is a notice period of 30 days for that company, i want to leave within week

What will be the impact if i leave the company without serving the notice period, how much will the employer can charge me.

Michael C. Smith
Michael C. Smith answered on Apr 2, 2019

As a general rule in Utah, if you have no contract or are an at-will employee, you may quit your job at any time, with or without notice, and your employer cannot charge you or withhold the pay you have earned. However, if you have a written employment agreement, you should consult with an... Read more »

1 Answer | Asked in Employment Law for Utah on
Q: Can my Utah employer withhold my earned commissions if another company is taking over?

The parent company of my employer (we are a subsidiary) notified us employees 3 days ago (the 4th) that April 1st a new company will take over the operations of my employer and we will all be let go. I'm a recruiter and have a base+quarterly commissions structure. I have people I hired and... Read more »

Michael C. Smith
Michael C. Smith answered on Mar 7, 2019

Are your new hires also being terminated? If not, and the hiring process is completed, then you have done everything you need to do to earn the commission. Depending on how the new operation is structured, you might have to collect your commission from your old employer, the new company, or the... Read more »

1 Answer | Asked in Sexual Harassment on
Q: can you file a sexual assault report after 5 years?
Michael C. Smith
Michael C. Smith answered on Feb 25, 2019

There is no time limit on filing a sexual assault report with the local police department. The district attorney will consider when the assault occurred and the amount of evidence available in deciding whether to prosecute, and there may be a Statute of Limitations in your state if you want to sue... Read more »

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