Questions Answered by Michael C. Smith

Q: I was raped by a co-worker. He threatened me. Now that I don't work there anymore, can I make a case?

2 Answers | Asked in Employment Law and Sexual Harassment on
Answered on Apr 30, 2019
Michael C. Smith's answer
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.

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

1 Answer | Asked in Employment Law for Utah on
Answered on Apr 2, 2019
Michael C. Smith's answer
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 attorney about your specific circumstances.

Q: Can my Utah employer withhold my earned commissions if another company is taking over?

1 Answer | Asked in Employment Law for Utah on
Answered on Mar 7, 2019
Michael C. Smith's answer
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 parent company. You may want to contact the Utah state labor commission for assistance.

Q: can you file a sexual assault report after 5 years?

1 Answer | Asked in Sexual Harassment on
Answered on Feb 25, 2019
Michael C. Smith's answer
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 for civil damages. However, it is always a good idea to file a report so that the police will have all of the information, in case it occurs again to you or someone else.

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