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Utah Questions & Answers
3 Answers | Asked in Employment Law and Contracts for Utah on
Q: Is it legal for employer to ask for my lease agreement? They'll only pay relocation once they get a copy of signed lease

Employer gave us the option of "quit or relocate" and the relocation package offer has a term stating they'll only pay for relocation expenses (minus taxes) 30 days after they receive a copy of the signed lease. I'm located in UT. Company is in CA.

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

You don't really get "pay" for relocating, it could be a job benefit to receive expenses for relocation. It would not be proper for any employer, CA or UT to withhold your wages for failing to provide proof of a lease agreement. Wages are earned for work performed, not relocation.... View More

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1 Answer | Asked in Traffic Tickets for Utah on
Q: If a county sherif pulled me over but didn't tell me my speed give or me a written ticket did I actually get cited?

The sherif after asking for my license and registration came back and said, "Looks like it will be a $250 fine. I bet there are a lot better things you could do with that money, huh?" Then handed me my credentials and let me go. I didn't recieve a written ticket or warning and I... View More

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

It sounds like you were not cited or fined, and given a verbal warning. Pay attention to your speed. Utah has a legal limit on many freeways of 80. Yes things are far apart in Utah, but 80 is pretty darn fast to get between them. I drove in Utah when the National speed limit was 55- talk about... View More

1 Answer | Asked in Traffic Tickets for Utah on
Q: How do I find a traffic citation if an officer never gave me a physical ticket?

I was getting on I15 and got pulled over by an unmarked police truck. The officer took my id and ran it and then came back and said he was citing me for going 20 over. He shook my hand and said be careful merging back into traffic and gave me my id back. He never gave me a physical ticket or had me... View More

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Usually you have to sign a citation with a promise to appear for it to be valid. Then you are given a copy. It sounds like you were not cited and were given a verbal warning. You could look for information from the Court website but if there is no citation number, you will have a very hard time... View More

1 Answer | Asked in Criminal Law for Utah on
Q: I have a friend on parole. He got a violation and was sent to jail to await the parole board. Can he have a lawyer
Aric M. Cramer
Aric M. Cramer
answered on May 10, 2023

They are not entitled to a lawyer on a revocation hearing. They may hire one to appear as a "friend", but no one will be appointed like a public defender. There are attorneys who specialize in Board hearings.

2 Answers | Asked in Trademark for Utah on
Q: Is it possible to use RL (from Ralph Lauren) In our brand name? Like RL clothing, RL vintage etc.
Eugene Vamos
Eugene Vamos
answered on May 4, 2023

In short, No. RL is part of a portfolio of trademarks that protect the Polo Ralph Lauren empire. I strongly suggest that you do not pursue this trademark as it will immediately incur the wrath of Polo Ralph Lauren and its lawyers.

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1 Answer | Asked in Criminal Law for Utah on
Q: How can I dismiss charges?I have no prior,I live in Cal case is in UT,I can't afford PA.court date is 5/22/23 in UT.

I was a passenger in a vehicle, traveling with my service dog from CA.To UT. Driver was pulled over for expired tags.The officer(#1) asked driver for lic/reg/ins then asked me to show my DL to a female officer(#2) who came up to my window.I complied.#1 asked driver to step out/sit in the front seat... View More

Aric M. Cramer
Aric M. Cramer
answered on Apr 27, 2023

Well you need to contact an attorney who practices in the area where you were stopped. Give them your name and the county where you were charged and tehy can look up your charges and the probable cause statement ti advise you.

1 Answer | Asked in Criminal Law for Utah on
Q: Police officer takes a statement but omits information in his written report, does that constitute a false report?

I accidently hit a vehicle in a parking lot moving it 10 to 20 feet. I left the scene because someone outside pointed a gun at me. When I did speak to the police and recounted what happened he omitted that the car I hit was parked unoccupied in the driving lane at the end of a row of parked cars,... View More

Aric M. Cramer
Aric M. Cramer
answered on Apr 19, 2023

If your current attorney isn't helping, you may need to hire a different attorney.

2 Answers | Asked in Medical Malpractice and Personal Injury for Utah on
Q: My brother committed suicide by shooting himself. Can his widow get life insurance?

My brother had 2 difficult rounds of chemo after a cancer diagnosis. Alongside rigorous cancer treatment, he was prescribed Xanax. Some studies have shown there to be links between suicidal thoughts as a side effect of Xanax. Could a case be made that his prescription and use of Xanax could’ve... View More

Damon Miller
Damon Miller
answered on Apr 1, 2023

I'm so sorry for the loss of your brother.

For your sister-in-law to be eligible for life insurance benefits there are a couple things you'd need to know. First, do you know if your brother had a life insurance policy? For his widow to receive life insurance benefits, there would...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can my ex landlord keep my deposit just cause she wants to ??

I paid my deposit on time I put my 30 day notice I cleaned and did everything the “contract” said. We didn’t officially sign anything but I do have pictures of me giving her the deposit and messages also. One she is just renting it to anyone without letting the apartment complex know, so... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 27, 2023

In Utah the law requires the landlord to return the deposit, unless there is something in writing that was given to you when you paid the deposit stating that it would not be returned. Additionally, the landlord has only 30 days to return the deposit or clear explanation of any expenses to clean... View More

1 Answer | Asked in Health Care Law and Personal Injury for Utah on
Q: I had gotten the Pfizer vaccine and have been dealing with blood clots do I have any kind of case?

I've been going through this for over a year and a half now. Also swelling in my left calf muscle down to my toes off and on. Nowhere else.

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

You can’t sue but you can submit a claim to the Countermeasures Injury Compensation Program through the U.S. Department of Health and Human Services.

Be aware that the Biden Administration has been criticized for denying most such claims.

To optimize your chance of success, be...
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1 Answer | Asked in Traffic Tickets for Utah on
Q: Officer issued a ticket for the wrong city. The judge dismissed it. Can the correct city pick it up.

If so, how do I know they will? Is there a grace period?

William Melton
William Melton
answered on Mar 22, 2023

The correct city could re-file the ticket, but it's unlikely that they will even know about the citation. They have up to a year to file it.

1 Answer | Asked in Contracts for Utah on
Q: I recently purchased a vehicle at a dealership. I was lied to and purchased the service contract. Can I still cancel?

I bought a service contract 23 days ago, and it says you can only cancel within 10 days. There were some important details about the service contract that the salesman lied to us about in order to convince us to buy it. Is misrepresentation a good idea to successfully have contract cancelled?... View More

Benton Matthew Eskelsen
Benton Matthew Eskelsen
answered on Mar 30, 2023

You may be able to fight this contract but additional information would be needed to give a meaningful evaluation. Typically, when you sign a contract you are expected to know the contents thereof and often times such contracts disclaim representation made by employees regarding the contract. It is... View More

1 Answer | Asked in Civil Rights and Employment Discrimination for Utah on
Q: Can I take my employer to civil court if I am waiting for eeoc interview and I have solid proof of discrimination
Benton Matthew Eskelsen
Benton Matthew Eskelsen
answered on Mar 30, 2023

In short, no. You have to exhaust the administrative remedies before seeking recourse through a personal civil law suit. An employment attorney could help you navigate how to expedite the process, however.

1 Answer | Asked in Employment Discrimination and Employment Law for Utah on
Q: I have worked for a local hospital from home doing prior auth for 8 years and now they are forcing me to come in-house.

I cannot do my job correctly working from a cubicle and that’s why they had me work from home in the first place. Now there is new management and they think they can do my job better than me.

Benton Matthew Eskelsen
Benton Matthew Eskelsen
answered on Mar 30, 2023

More information would be needed in order to effectively answer your question. Can you not perform you work correctly in house because of a disability? if that were the case, you may be able to attempt to get reasonable accommodations. If you just prefer to work at home and they are requiring you... View More

3 Answers | Asked in Probate for Utah on
Q: What state to hire probate attorney?

My wife's family owns a trust in Colorado that produces quarterly oil royalty checks. The checks come from Colorado. Her dad passed 20 years ago so his checks have been going unclaimed in Utah. What state(s) would she need to hire an attorney in order to claim the unclaimed property and to get... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 20, 2023

Great question. If probate is necessary, go with the state of the last residence of the Trustor that created the Trust.

Sometimes probate is not necessary. I recommend discussing your situation with a Utah attorney regarding the checks in Utah. Most attorneys will have a free initial...
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3 Answers | Asked in Tax Law, Business Formation and Business Law for Utah on
Q: how do I sign on behalf of an LLC if my Scorp is the member?
Michael Ray Smith
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answered on Mar 17, 2023

Here’s one way, assuming the LLC is member managed:

NAME OF LLC

By its member, Name of Member

By. _________________

Your typed name

Your title

The idea is to make it clear that the member signs on behalf of the LLC and you sign on behalf of the member.

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2 Answers | Asked in Insurance Bad Faith for Utah on
Q: Can an auto loan disability insurance company push for me to go to voc rehab after my employer deemed me fully disabled?

18 months ago I was diagnosed with epilepsy and could no longer work for my employer due to their company policy, (can't be on the meds and must be seizure free for 10 years, I'll be on the meds for the rest of my life) they have finally determined I am fully disabled and I am receiving... View More

Damon Miller
Damon Miller
answered on Mar 16, 2023

Hello,

I would recommend taking a look at your insurance policy. The policy will define what the insurance company is permitted to do. Generally speaking, most disability insurance policies do permit the insurer to ask you to cooperate with vocational rehabilitation, even if you don't...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: In Utah, can a landlord/property manager make you buy their renters insurance, or am I able to get my own?

We have rented this property for almost 4 years. We got a new PMC last year due to the sale of the property. We have always had renters insurance thru our insurance company. New PMC has us pay an extra $43 per month for insurance, ac filters, and online payment capabilities. Even though I have... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 6, 2023

The answer to your question can be found in your rental agreement. Did you agree previously in the agreement to use whichever insurance the landlord chooses, or does the agreement only state that you are responsible to pay for insurance?

If the answer is the latter, then you can send them...
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1 Answer | Asked in Banking and Family Law for Utah on
Q: Am I legally obligated to close savings accounts in my kids names on my bank account, that my ex has never been on

I opened these accounts for my kids, under my own account, without my ex ever being on said account, she's asking I close these out, give her the money, and give a list of when the accounts were opened, any transactions etc. We've been divorced since July, am I legally obligated to do... View More

James L. Arrasmith
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answered on Mar 5, 2023

If the savings accounts were opened solely in your name and your children's names, and your ex-spouse was never a signatory on the account or made any contributions to the account, then she likely does not have any legal right to demand that you close the accounts and provide her with the... View More

1 Answer | Asked in Personal Injury for Utah on
Q: can I sue my school for giving students 3 day expired milk
John Michael Frick
John Michael Frick
answered on Mar 1, 2023

Milk is more than likely safe to drink 5-7 days past its sell-by date if it was unopened.

If you required medical care as a result of drinking the milk, you theoretically could sue for personal injury to recover your medical expenses.

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