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Utah Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury and Communications Law for Utah on
Q: (Utah) I was terminated due to attendance at my job, and my boss contacted my cohabitates to inform them.

For background, I cohabitate(d) with my girlfriend and her parents. With my termination, this supervisor notified my girlfriend’s parents before I had the opportunity to repose & break the news myself (this is in the span of less than 24 hours.) This has resulted in my displacement from their... Read more »

Michael Lewis Eisner
Michael Lewis Eisner answered on Sep 21, 2021

You should consult with an attorney in Utah. Each state has different laws regarding communications with others. If someone says or writes something false, the publisher can be held liable for damages caused by the defamation of character (libel or slander). Many states also allow a cause of... Read more »

1 Answer | Asked in Employment Law for Utah on
Q: If I am required to sleep at work for a "sleep shift" is it considered hours worked?

I work at a residential addiction treatment facility in Utah. I work less than 24 hours per day. One or two nights per week I am required to do a "sleep shift". A 9.25 hour period in which I am required to sleep at the facility in case of an emergency with any of the clients. The thinking... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Nov 18, 2020

Assuming you work less than 24 hours per day during your sleep shifts (i.e. normal shift + sleep shift = less than 24 hours total), then your employer must abide by the minimum wage and overtime requirements of the FLSA. The federal and Utah minimum wage is $7.25 per hour, so your pay for the sleep... Read more »

1 Answer | Asked in Employment Law for Utah on
Q: When does paid time start in this situation?

During the COVID-19 pandemic, workers are required to pass through a medical checkpoint to answer a questionnaire and have their temperatures checked. Workers must then walk 10-30 minutes from the checkpoint to their "start" area and must be there at 7AM to be officially clocked in. I am... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on May 20, 2020

Both of these issues are governed by the Fair Labor Standards Act. Unpaid breaks of 30 minutes or more are permissible under the FLSA, so you need not be paid during your lunch breaks. Whether you should be paid for the time you spend in the medical checkpoint and walking to your work station is a... Read more »

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Utah on
Q: Is my employer required to offer sick pay if I am stuck without a babysitter as schools are shut down?

I am a widower and my son has special needs so I’m wondering about my rights

Rhiannon Herbert
Rhiannon Herbert answered on Apr 1, 2020

This depends on the size of your employer. The Families First Coronavirus Response Act takes effect today, April 1, 2020. Under the Act, employees who are required to stay home to care for children whose schools have been closed due to COVID-19 concerns are required to receive sick pay at 2/3 their... Read more »

1 Answer | Asked in Employment Law for Utah on
Q: Can a employer drug test WITHOUT consent for suspicion drug use? Bcz a coworker snitched that they saw me doing drugs.

Hi. I just started working with a company and they already performed urine test and mouth swab for preemployment and I passed both. However 2 days later another employee saw me in the car smoking something on a tinfoil. My question is, can the company ask me to drug test immediately without giving... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 7, 2020

Yes, your employer can require a drug test without notice based on reasonable suspicion.

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 »

Carrie Dyer
Carrie Dyer answered on Feb 7, 2020

If you have been convicted of a crime, and you indicated on your job application that you have not been convicted of a crime, then your employer can terminate your employment for providing false information on your application.

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1 Answer | Asked in Criminal Law and Employment Law for Utah on
Q: I entered a plea in abeyance for shop lifting. Will this affect my chances of getting a license for pre need sales agent

The charge was 8 years ago

Aric M. Cramer
Aric M. Cramer answered on Dec 11, 2019

You need an employment law attorney to answer this question.

1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Do I have any legal grounds as after a promotion at my place of work, my wage did not increase and company will not pay?

I was promoted to a manager position in September. This was to come with a $.50 increase in my wage. I've just noticed today on a pay slip that my wage had not changed at all. After looking over this, my GM raised my wage to the appropriate amount but refuses to back pay as she does not have... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 29, 2019

You can take them to small claims court. It will cost at least $100 to file the claim. You will need to show proof of when you were made a manager and started doing work that managers do. You will want to weigh the effects of suing your own company with the benefit of obtaining the unpaid $300.... 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 Tax Law for Utah on
Q: I was overpaid by my employer, the DOD, and ended up losing $7k that I was told would come back through taxes. It didn't

I work for Hill AFB and I have a rather interesting problem that I am not sure how to resolve. My problem is not with the IRS but with DFAS (Defense Finance and Accounting Service).

When I started working for Hill, in 2017, I was guaranteed an 11k bonus. I received this bonus. The problem... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 23, 2019

You said you received $11,000, as promised. Then you said you received another bonus--without telling us how much. Bottom line: If you received a second bonus you did not deserve (under your employment contract) then you must repay it.

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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 Car Accidents, Contracts, DUI / DWI and Employment Law for Utah on
Q: I crashed a company vehicle (into dirt) and ended up getting a dui. My employer took damage costs out of my last check?

Is that legal? I never signed a contractual agreement to pay for any damage to company property.

Michael S. Edwards
Michael S. Edwards answered on Jul 10, 2018

Well, if you owe them the money for the damage you caused, it seems that they simply applied "self-help," and got the money back from you quickly through your check. I don't know that there is any legal action you can bring to recover the money, unless you truly don't owe the... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Law and Gov & Administrative Law for Utah on
Q: Can you get sued if you are from a different country? Also, can chat messages serve as an emplyment contract?
Wesley Winsor
Wesley Winsor answered on Jun 8, 2018


You can get sued if you are from a different country barring diplomatic immunity, but for the common traveler/tourist, yes you can be sued as long as you meet the minimum contacts in the states. The main question on this is Jurisdiction and service of process. An analysis would fill...
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1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Can a signed form within a company be changed after it had been signed and dated?

2/14/18 is when I signed to the pay increase of 12.48 per hour and sometime between 2/22-2/23 one of the other people on the document changed the pay increase to 12.21 per hour so I would be getting less money. They also did not inform me of this change nor did they ask me to sign a new form saying... Read more »

Wesley Winsor
Wesley Winsor answered on May 18, 2018

This is a good question, in addition to the issue of whether or not someone can enforce a contract that has been altered from the original provisions agreed to, there might be an issue of whether this was a contract at all.

In all contracts, there has to be "consideration" or...
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1 Answer | Asked in Criminal Law and Employment Law for Utah on
Q: Does this mean I'm a convicted felon if I took a plea deal? I'm applying for jobs and my employer is asking that ?

So I've already been to court and I was charged with two felonies. One was Possession/Use of Dangerous Drug and the other was Possession/Use of Paraphernalia in the State of Arizona both felonies however I took a plea deal to take 3 years probation with the opportunity to be released at 18... Read more »

Aric M. Cramer
Aric M. Cramer answered on Feb 1, 2018

If you pled in Arizona you need to consult with an Arizona attorney.

1 Answer | Asked in Employment Law for Utah on
Q: Can I fight to get my PTO back from my company if I was never informed that it didn’t rollover to the next year?

I had 52 hours saved up and was just informed that it is “use it or lose it”. That’s quite a bit of money I missed out on because my manger and and HR never explained the policy to me.

Wesley Winsor
Wesley Winsor answered on Jan 30, 2018

First, might I say that I feel for you. That sounds extremely frustrating. I am so sorry that would be a real kick in the pants. Next let me get to your question.

Your terms of employment were probably governed by a contract. I would look first to that contract and whether it said...
Read more »

1 Answer | Asked in Criminal Law and Employment Law for Utah on
Q: Can my employment throw things away that I was selling in the store after not picking them up 3 days after being let got
Aric M. Cramer
Aric M. Cramer answered on Jan 28, 2018

This is a property/civil law question - not criminal law.

1 Answer | Asked in Contracts and Employment Law for Utah on
Q: If I told my manager that I would sign an employment contract, do I need to sign it since that makes a contract?

My employer put out an employee contract for us to sign after I've been working for the company in a management position for months now. I didn't feel comfortable with signing it so I put it off for a few weeks. They kept bugging me over and over to sign it. I eventually said I'll... Read more »

Wesley Winsor
Wesley Winsor answered on Dec 29, 2017

You are under no obligation to sign the contract. They could have fired you for not signing the contract, but that is/was their only recourse. What you offered was an illusory promise, " I will get around to signing it". In my opinion, they would spend a lot of money taking you to... Read more »

Q: What if my husband had a 3 to 4 slice of wood jammed through his hand at work and the employer asked my husband if he

Would put it on our personal insurance because he didn't have workman's comp for his employers. Very small company, we question if workman's comp is required. This was Friday 10/27/17, my husband was "let go" yesterday, 10/31/17!! Please help?

Lincoln W. Hobbs
Lincoln W. Hobbs answered on Nov 1, 2017

I'm not licensed in Nevada, and am not sure where this occurred, but in Utah the employer would have to have had workers compensation insurance (and I'm 99% certain that would be the case in Nevada -- I think it's the case in all states. Your husband should see a good personal injury... Read more »

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