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Utah Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination for Utah on
Q: Is it legal for my boss to discriminate against me because he is having problems with his landlord whi is my father?

My boss for the past several months has started singling me out and telling people not to tell me certain things. When I ask him about this his response and in writing was. "You are Randy's daughter." Randy is his landlord and there having disagreements. So since hes is having... View More

T. Augustus Claus
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answered on Dec 29, 2023

Discrimination in the workplace violates various employment laws. In your situation, where your boss is singling you out, excluding you from meetings and events, and paying you significantly less than others in similar positions, you may have grounds for filing a discrimination complaint. It's... View More

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 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

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 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

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 Criminal Law and Employment Discrimination for Utah on
Q: Is it illegal for a person to lie to police, in an attempt to have someone punished for crimes they didn’t commit?

It just seems like certain demographics of people are used to complaining and using the police to manipulate and get things they want. For example, someone accuses hotel staff for stealing there jewelry, in an attempt comp a free room or reimbursement. They then claim they saw a hotel maid wearing... View More

William Melton
William Melton
answered on Jun 20, 2022

The short answer is yes. Lying to the police is illegal and you can get charged with obstruction of justice. Lying to hotel staff is not lying to law enforcement (police).

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... View More

1 Answer | Asked in Employment Discrimination for Utah on
Q: I work fir roofing company contracted for aur firce base...i was only female treated very poorly..di i have a retaliatio
Michael C. Smith
Michael C. Smith
answered on Dec 27, 2019

Sex-based discrimination and retaliation claims may be successful against an employer who hires, fires, or deprives an employee of important benefits because of a person's sex, or retaliates against a person who complains of sexual discrimination in the workplace. There are federal and state... View More

1 Answer | Asked in Gov & Administrative Law, Personal Injury and Employment Discrimination for Utah on
Q: Timing on filing a federal TORT CLAIM. Have a final decision pending with the board of THE MSPB.
Peter N. Munsing
Peter N. Munsing
answered on May 22, 2018

You want to consult a member of the Utah Assn for Justice that handles federal employment claims. They give free consultations. The notice of investigation you received from the Board should have that information on it.

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... View More

1 Answer | Asked in Criminal Law, Employment Discrimination and Sexual Harassment for Utah on
Q: My boss sexually assaulted me at a bar outside of work. Not saying I want to, but is that grounds for suing my company?

It was a bar outside of work. So not on the premise of work. But managers are not allowed to hang out with employees outside of work. Which I knew, but I also didn't expect my boss to sexually assault me. I'm not saying I want to sue the company. My co-worker that was there though and... View More

Aric M. Cramer
Aric M. Cramer
answered on Sep 13, 2017

I only practice criminal defense. You need to contact an employment law attorney.

1 Answer | Asked in Employment Discrimination, Libel & Slander and Personal Injury for Utah on
Q: Can I sue a former supervisor for slander if they told a new employer untruths about me that almost cost me my new job?

I have worked at the State Hospital since 2008 when I got my RN license until January 10, 2017 when I was forced to quit or be terminated, accused of patient neglect. I worked on a unit that is one of the most difficult units in the hospital. There are severely ill patients and 2-3 day shift psych... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 28, 2017

Possible, as that could be libel per se; however hopefully things are doing well, you are working hard to counter any suspicion they may have, and have prevented major fallout. Consult a member of the Utah Assn for Justice who handles slander cases--they give free consults.

1 Answer | Asked in Appeals / Appellate Law and Employment Discrimination for Utah on
Q: How do I format an appellate brief for unemployment? This is the step after the docket statement.

Unemployment. I need help but the only help that I see is in Salt Lake. Legal Services closed my case before the last step, but it is still pending until I complete this step. I cannot understand the legal literature speaking whatever.

Brian Lehman
Brian Lehman
answered on Jan 4, 2017

Depends on which court you are appearing in. There are companies that will do this for you. Search for Appellate Printer.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Utah on
Q: Is this sexual harassment or discrimination?

I have been interviewing for a general manager position at a large retailer, the first interview was with "John" the regional manager, he was very very friendly, second interview was with a different women. I was on a common app called grindr where gay men meet each other. I was contacted... View More

Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Nov 2, 2016

You would most likely have a very difficult time getting anywhere with this case. To start, it appears you voluntarily went to see him after seeing him on Grinder and being invited to come get naked. It doesn't appear he made any promises if you visited him, and you'd presumably have a... View More

1 Answer | Asked in Employment Discrimination for Utah on
Q: Can my boss require me to work on Sunday if it goes against my religious beliefs/practices?
Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

If it is a sincere religious belief not to work on Sunday then they need to accommodate. You must let them know of the belief as well.

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