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Questions Answered by Michael C. Smith

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 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 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 usually... Read more »

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 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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