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Utah Employment Law Questions & Answers
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 Law for Utah on
Q: Can my employee change my pay with one day notice in Utah?

They’re only changing my commission structure not hourly.

T. Augustus Claus
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answered on Jul 31, 2023

In Utah, an employer generally has the right to change an employee's pay structure, including commission rates, with proper notice. However, the specific rules regarding notice and changes to pay can vary depending on the terms of the employment contract, any applicable collective bargaining... View More

1 Answer | Asked in Employment Law for Utah on
Q: Am I still legally required to sign the employment handbook after I quit
T. Augustus Claus
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answered on Jul 11, 2023

Once you have quit your job, you are generally no longer under any legal obligation to sign or agree to an employment handbook or any other employment-related documents. Employment handbooks typically outline policies and guidelines for current employees, and your resignation typically ends your... View More

1 Answer | Asked in Employment Law for Utah on
Q: I am a PRN receptionist who has a question

My employer refuses to give me any assignments when I can see the multiple positions online. I went on unemployment because of this and they threatened to terminate me. My unemployment just ran out. This has been going on for 6 months now. I just reached out again after seeing a few more positions... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 13, 2023

Whether you can pursue a legal claim in this situation depends on two things: (1) whether there actually is work available for you; and (2) if so, why you aren't being selected to perform it. If you suspect the company is passing you over for available jobs due to a protected class... View More

2 Answers | Asked in Contracts and Employment Law for Utah on
Q: As an independent contractor, how do I go about after clients who don’t pay after agreeing to a contract?

I was working online remotely for a company based out of California as an independent contractor and they were due to pay the remainder of what they owed us and they never did. The total came out to over $9000 and all attempts to get them to pay have been met with dead ends.

Wesley Winsor
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Wesley Winsor
answered on May 30, 2023

You mentioned in your prompt that they agreed to a contract. I assume that means that you have a contract signed by the company regarding the terms of your services. First look to the contract and see what it says under default.

If you are just using the word "contract" as a...
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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.

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2023

Ordinarily, it's none of anybody's business. But since your situation involves proving your housing expenses to receive relocation reimbursement, it would probably be deemed reasonable by most people. Employment law attorneys could advise best about any state statutes that might... View More

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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 Contracts and Employment Law for Utah on
Q: Do I have to repay a sign on bonus if I was never given a way to pay it back?

I received a letter stating I can make payments on repaying a sign on bonus back they gave me the information to put on the check but never told me where to send it or anything like that, I’ve reached out multiple times and received no response what actions do I need to take on either paying them... View More

Wesley Winsor
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Wesley Winsor
answered on Sep 23, 2022

If you are obilated to pay back the signing bonus, just go to their website or look up their business on the state business registration website https://secure.utah.gov/bes/index.html and send a certified check in the mail to their address.

Just because they haven't responded...
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1 Answer | Asked in Employment Law for Utah on
Q: Is a work safety policy that prohibits workers from leaving the building to go home or to the restroom legal?

When lightning is reported within a certain number of miles, employees are prohibited from leaving the building until no strikes have been recorded for 30 minutes. They are told they cannot go home if this happens at the end of shift and are also prohibited from using restroom facilities which are... View More

Mike Branum
Mike Branum
answered on Jul 1, 2022

So many issues.

"Is it legal?" is a loaded question. There is nothing specifically illegal about having a policy in place. Employers can make a policy about nearly anything and employees may choose to follow the policy, seek other employment, or ignore the policy and risk...
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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 Employment Law, Personal Injury and Communications Law for Utah on
Q: (Utah) I was terminated due to attendance at my job, and my boss contacted my cohabitates to inform them.

For background, I cohabitate(d) with my girlfriend and her parents. With my termination, this supervisor notified my girlfriend’s parents before I had the opportunity to repose & break the news myself (this is in the span of less than 24 hours.) This has resulted in my displacement from their... View More

Michael Lewis Eisner
Michael Lewis Eisner
answered on Sep 21, 2021

You should consult with an attorney in Utah. Each state has different laws regarding communications with others. If someone says or writes something false, the publisher can be held liable for damages caused by the defamation of character (libel or slander). Many states also allow a cause of... View More

1 Answer | Asked in Employment Law for Utah on
Q: If I am required to sleep at work for a "sleep shift" is it considered hours worked?

I work at a residential addiction treatment facility in Utah. I work less than 24 hours per day. One or two nights per week I am required to do a "sleep shift". A 9.25 hour period in which I am required to sleep at the facility in case of an emergency with any of the clients. The thinking... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 18, 2020

Assuming you work less than 24 hours per day during your sleep shifts (i.e. normal shift + sleep shift = less than 24 hours total), then your employer must abide by the minimum wage and overtime requirements of the FLSA. The federal and Utah minimum wage is $7.25 per hour, so your pay for the sleep... View More

1 Answer | Asked in Employment Law for Utah on
Q: When does paid time start in this situation?

During the COVID-19 pandemic, workers are required to pass through a medical checkpoint to answer a questionnaire and have their temperatures checked. Workers must then walk 10-30 minutes from the checkpoint to their "start" area and must be there at 7AM to be officially clocked in. I am... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 20, 2020

Both of these issues are governed by the Fair Labor Standards Act. Unpaid breaks of 30 minutes or more are permissible under the FLSA, so you need not be paid during your lunch breaks. Whether you should be paid for the time you spend in the medical checkpoint and walking to your work station is a... View More

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 Law for Utah on
Q: Can a employer drug test WITHOUT consent for suspicion drug use? Bcz a coworker snitched that they saw me doing drugs.

Hi. I just started working with a company and they already performed urine test and mouth swab for preemployment and I passed both. However 2 days later another employee saw me in the car smoking something on a tinfoil. My question is, can the company ask me to drug test immediately without giving... View More

Carrie Dyer
Carrie Dyer
answered on Feb 7, 2020

Yes, your employer can require a drug test without notice based on reasonable suspicion.

2 Answers | Asked in Employment Law for Utah on
Q: is it grounds for termination if you say no on convictions ? with app if employer doesnt require background check

im on probation i got hired and did everythng drug screening driving record they didnt require background check so i marked no on the convictions part of application. my probation officer called to verify employment then employer re looked at application and seen i marked no and fired me the... View More

Carrie Dyer
Carrie Dyer
answered on Feb 7, 2020

If you have been convicted of a crime, and you indicated on your job application that you have not been convicted of a crime, then your employer can terminate your employment for providing false information on your application.

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1 Answer | Asked in Criminal Law and Employment Law for Utah on
Q: I entered a plea in abeyance for shop lifting. Will this affect my chances of getting a license for pre need sales agent

The charge was 8 years ago

Aric M. Cramer
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Aric M. Cramer
answered on Dec 11, 2019

You need an employment law attorney to answer this question.

1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Do I have any legal grounds as after a promotion at my place of work, my wage did not increase and company will not pay?

I was promoted to a manager position in September. This was to come with a $.50 increase in my wage. I've just noticed today on a pay slip that my wage had not changed at all. After looking over this, my GM raised my wage to the appropriate amount but refuses to back pay as she does not have... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 29, 2019

You can take them to small claims court. It will cost at least $100 to file the claim. You will need to show proof of when you were made a manager and started doing work that managers do. You will want to weigh the effects of suing your own company with the benefit of obtaining the unpaid $300.... View More

1 Answer | Asked in Nursing Home Abuse, Employment Law and Personal Injury for Utah on
Q: I got hurt/burnt at work, at a nursing home. Someone left oil and food on the grill and set off the fire alarm.

And in a panic I grab the tool to get grease off and other stuff off the grill and the oil was at the highest temperature. And when I scrapped the burnt everything off the oil went up the tool on to my hand and caused. 2nd-3rd degree burns from the tip of my finger to my nuckle. After a half hour... View More

Michael C. Smith
Michael C. Smith
answered on Oct 18, 2019

I'm very sorry to hear about your injury and the retaliation by your company. You probably have a workers compensation claim for your injuries and a wrongful termination. You should definitely speak to an attorney about your case. Best wishes to a quick recovery.

2 Answers | Asked in Employment Law and Tax Law for Utah on
Q: I was overpaid by my employer, the DOD, and ended up losing $7k that I was told would come back through taxes. It didn't

I work for Hill AFB and I have a rather interesting problem that I am not sure how to resolve. My problem is not with the IRS but with DFAS (Defense Finance and Accounting Service).

When I started working for Hill, in 2017, I was guaranteed an 11k bonus. I received this bonus. The problem... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 23, 2019

You said you received $11,000, as promised. Then you said you received another bonus--without telling us how much. Bottom line: If you received a second bonus you did not deserve (under your employment contract) then you must repay it.

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