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Utah Questions & Answers
1 Answer | Asked in Employment Law for Utah on
Q: My husband got fired today. Does his company have to pay him the 80 hours of vacation he had saved?

In Utah they are suppose to pay you for vacation time as they would a wage unless they otherwise stated in contract. His old company is now saying it is their policy that they for-fit unused vacation. She then said they handed it out a year ago and that he never returned it. She said she still has... View More

James L. Arrasmith
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answered on Dec 12, 2023

In Utah, the issue of whether a company must pay out accrued vacation time upon termination depends largely on the company's policy. If the company's policy clearly states that employees will forfeit unused vacation time upon termination, and this policy has been communicated to the... View More

1 Answer | Asked in Criminal Law for Utah on
Q: In Utah is there a certain amount of time in which you must be sentenced???on a Misdemeanor- case???

I pled guilty to a possession pf controlled sub for marijuana and a shoplifting sheilding devices charge on 3-3-2020. The judge ordered a pre sentence report, sentencing was to be 50days after 3-3 The court rescheduled it, but I never received the notice because someone sent it back as not at this... View More

William Melton
William Melton
answered on Dec 11, 2023

No, there isn't a certain amount of time. However, you have been sentenced. The judge sentenced you to jail, but you have been a fugitive. You should consult with an attorney to help you finish the case. If you've stayed out of trouble they may be able to use that to help with your sentencing.

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Utah on
Q: Does a specific antibody deficiency disorder fall under the category for ADA disability act? I also am Rh- F5 owrens?

F5 is factor 5 Owrens disease where my blood is missing the clotting antigen. My employer put me on desk work took away my fridays claiming to accomodate my disorder. I lost 1400.00 mo due to this "accommodation".

James L. Arrasmith
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answered on Dec 6, 2023

Under the Americans with Disabilities Act (ADA), a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Specific antibody deficiency disorder and Factor V (F5) Owren's disease, given their impact on your health and potentially on... View More

1 Answer | Asked in Gaming, Copyright, Intellectual Property and Trademark for Utah on
Q: Can I use "K9" for a Dog Kennel, Gaming Community, or any Publicly Official Name and risk legal trouble?

I am considering a few ideas and want to relate them to my dog. I have a dream of owning and running a Dog Kennel and Breed Dogs Officially and I have a Gaming Community that is looking for an Official Name. I would like to relate it with K9. I know K9 is often referring to Federal Working Dogs and... View More

James L. Arrasmith
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answered on Dec 4, 2023

Using "K9" in the name of your dog kennel or gaming community is generally permissible, as "K9" is a common term used to refer to dogs, particularly in the context of police or military dogs. The term itself is not typically subject to copyright because it is considered a... View More

1 Answer | Asked in Patents (Intellectual Property) for Utah on
Q: Does Keekaroo have a patent for their peanut changer?
James L. Arrasmith
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answered on Nov 18, 2023

For accurate and up-to-date information, it's recommended to directly search the USPTO database or engage a professional who can provide detailed insights into the patent status of this particular product.

1 Answer | Asked in Contracts for Utah on
Q: School not out until next Tuesday but contract says weekend before holiday dose kid need to miss school?

Ex stated was worded that way to get extra days but my child can only miss so much school. No clauses about his education.

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 14, 2023

I am sorry if there was any confusion. This is unfortunately not a contracts question. Please resubmit your question and label it Divorce Law and Family Law. You will get help from attorneys that can help with your situation.

1 Answer | Asked in Contracts, Real Estate Law and Probate for Utah on
Q: If 4 kids sell a house inherited & 1 nonexecutor says no after contracts start is that legal for a lien to be placed?

4 kids inherited a property from parents with 2 being an executor. After a closing date is set 1 nonexecutor kid places lien on property wanting price to be raised 200k. Price being sold is appraisal value. Is this allowed to stop closing of house and is there really a lien allowed to be placed on... View More

James L. Arrasmith
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answered on Nov 12, 2023

Based on the facts provided, it would likely not be legal for the non-executor sibling to place a lien on the inherited property to prevent the sale after contracts have been started. Here are some key considerations:

- If there are multiple heirs, the executors have authority to sell...
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1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: Can an officer take your phone from you while you are being detained because they don't want you to record it?

This happened in Utah

T. Augustus Claus
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answered on Nov 14, 2023

Police officers cannot take your phone from you while you are being detained because they don't want you to record it. The Fourth Amendment to the United States Constitution protects your right to be free from unreasonable searches and seizures, and this includes your right to record police... View More

1 Answer | Asked in Divorce, Estate Planning, Family Law and Arbitration / Mediation Law for Utah on
Q: I want to protect my assets before a divorce by creating a trust. Should I have a trust before or after the divorce?

Is creating a trust the best option to protect my assets before a divorce in Utah? If yes, should I have my trust before or after the divorce? What options I have to minimize the loss of my assets in Utah?

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 17, 2023

If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you... View More

1 Answer | Asked in Employment Discrimination and Immigration Law for Utah on
Q: I got a new employer pn H1b but my current employer is not providing me paystubs so how to proceed with new employer?

I got my H1B approved by a consultancy this year and once my h1b approved, I started looking for C2C projects. My employer has not helped me to put into a job at all. I found out a new employer for myself and now they are asking for paystubs for visa transfer. I asked my employer for pay stubs and... View More

James L. Arrasmith
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answered on Nov 9, 2023

If your current employer is not providing pay stubs, which are typically required for an H1B visa transfer, you should first document your requests for these pay stubs. If the employer continues to withhold them, you may consider filing a complaint with the state labor department or the U.S.... View More

1 Answer | Asked in Business Law, Divorce and Family Law for Utah on
Q: If my wife helped me with my business and we get divorced am I obligated to keep paying her if she no longer helps?

The business license is in my name. She is considered an employee on taxes. I can do everything without her help. She can't operate the business without me. Its a strictly labor based business. Small home based business. Just us 2 working the business.

Wesley Winsor
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Wesley Winsor
answered on Nov 6, 2023

Is she an owner of the business or just an employee? If she is an owner than every time you take an owner's draw she needs an equal amount distributed to her. I would have thought that the divorce decree would have addressed this issue. If it hasn't addressed this issue, then here are... View More

2 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for Utah on
Q: Can you sue a company for posting pictures of something you constructed (built) with out recognizing you as the builder?
T. Augustus Claus
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answered on Oct 24, 2023

In Utah, you can potentially sue a company for using pictures of something you built without crediting you, but the outcome depends on various factors. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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1 Answer | Asked in Mergers & Acquisitions for Utah on
Q: No predatory pricing case law
T. Augustus Claus
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answered on Oct 23, 2023

Predatory pricing refers to the practice of setting prices so low that competitors are unable to compete, ultimately allowing the company engaging in this practice to establish a dominant market position and raise prices later. While predatory pricing is generally considered anti-competitive and... View More

1 Answer | Asked in Landlord - Tenant and Business Law for Utah on
Q: Am I able to create an LLC to rent out a property I own (under own name) through a separate Property Management Company?

I created an LLC to accept payments from and to pay Property Management company on a property that is under my name not my LLC. I am just looking for general advice as to what the best practices are? Should I change the title/deed to the LLC or is it possible to rent my property using a Property... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 13, 2023

You can hold the property in your own name or in the name of the LLC. When renting out property, it is often a good idea to place the property in your LLC and then do business with the tenants as an LLC. This includes having all payments go directly to an LLC account created with its own tax ID... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I served a tenant with a 3 day vacate order, for a non criminal offense. Are they entitled to their October rent return

It is not identified in my lease

T. Augustus Claus
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answered on Oct 12, 2023

In Utah, there is no law that specifically requires landlords to return rent to tenants who are evicted for non-criminal offenses. However, the terms of the lease may require the landlord to return rent. If the lease does not address the issue of returning rent after an eviction, the landlord is... View More

1 Answer | Asked in Employment Law and Constitutional Law for Utah on
Q: I am a subcontracted employee that delivers mail to separate post offices. Can I conceal carry while at work? (Utah)

There are signs that say bringing a firearm into the building is illegal, unless on "official business". If I am "performing the authorized duties and responsibilities of an employee’s position", is that not "official business"?

James L. Arrasmith
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answered on Oct 15, 2023

Under Utah law, an individual with a valid concealed carry permit may generally carry a concealed firearm. However, specific properties, including certain governmental facilities, can prohibit firearms on their premises. The language about "official business" could be interpreted in... View More

1 Answer | Asked in Contracts, Employment Law and Civil Litigation for Utah on
Q: When signing a contract for a specific amount of hours per day can an employer cut those hours without consent?

I started working for a program that advertised and was written in my onboarding documents as paying 16 hours per day. They have since asked for the same level of comitment and hourly work but only will allow me to report 13 hours without getting approval beforehand for overtime. I never signed any... View More

Wesley Winsor
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Wesley Winsor
answered on Oct 6, 2023

Hello,

Utah is an at-will employment state. Meaning that either one of you can terminate the employer/employee relationship at any time for any reason.

From your description, I am not sure if you are a 1099 employee or an actual employee. Unless you are on salary I don't see...
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Q: What type of lawyer do I need to fight against a company I was fired from for an allergic reaction to their chems?

Dirty Dough has open case in "cookie wars" case, and I have been working with OSHA, eeoc and labor commissions on this and was encouraged to obtain counsel ASAP.

T. Augustus Claus
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answered on Sep 28, 2023

For a case involving wrongful termination due to an allergic reaction to workplace chemicals, you would typically seek an employment lawyer with experience in wrongful termination and workplace discrimination cases.

1 Answer | Asked in Traffic Tickets for Utah on
Q: I got caught speeding going down a hill in an out of city road 43 over. But I’m 17 what will happen to me?

It was a 45 and he said he wasn’t gonna getting me for reckless driving, just speeding but I have to appear to court it seems

T. Augustus Claus
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answered on Sep 28, 2023

In Utah, speeding 31 mph or more over the speed limit is considered a Class B misdemeanor, which is more serious than a typical speeding ticket. Since you're a minor, the penalties might differ from those for adults and could involve not just fines but also impact on your driving privileges.... View More

2 Answers | Asked in Real Estate Law, Estate Planning and Personal Injury for Utah on
Q: My aunt and dads name were on his house when he passed away he didn't have a will am I entitled to half of the property

How do I go about getting my name added to the house

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 25, 2023

The answer depends on a few things:

1- Were they listed as joint tenants or something else?

2- Did he leave a surviving spouse? In Utah, a surviving spouse will inherit everything if all of the children of the decedent are also children of the surviving spouse. If the surviving...
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