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Utah Employment Law Questions & Answers
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... Read 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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1 Answer | Asked in Employment Law for Utah on
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

What will be the impact if i leave the company without serving the notice period, how much will the employer can charge me.

Michael C. Smith
Michael C. Smith answered on Apr 2, 2019

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... Read more »

1 Answer | Asked in Employment Law for Utah on
Q: Can my Utah employer withhold my earned commissions if another company is taking over?

The parent company of my employer (we are a subsidiary) notified us employees 3 days ago (the 4th) that April 1st a new company will take over the operations of my employer and we will all be let go. I'm a recruiter and have a base+quarterly commissions structure. I have people I hired and usually... Read more »

Michael C. Smith
Michael C. Smith answered on Mar 7, 2019

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... Read more »

1 Answer | Asked in Car Accidents, Contracts, DUI / DWI and Employment Law for Utah on
Q: I crashed a company vehicle (into dirt) and ended up getting a dui. My employer took damage costs out of my last check?

Is that legal? I never signed a contractual agreement to pay for any damage to company property.

Michael S. Edwards
Michael S. Edwards answered on Jul 10, 2018

Well, if you owe them the money for the damage you caused, it seems that they simply applied "self-help," and got the money back from you quickly through your check. I don't know that there is any legal action you can bring to recover the money, unless you truly don't owe the money to them.... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Law and Gov & Administrative Law for Utah on
Q: Can you get sued if you are from a different country? Also, can chat messages serve as an emplyment contract?
Wesley Winsor
Wesley Winsor answered on Jun 8, 2018

Yes,

You can get sued if you are from a different country barring diplomatic immunity, but for the common traveler/tourist, yes you can be sued as long as you meet the minimum contacts in the states. The main question on this is Jurisdiction and service of process. An analysis would fill...
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1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Can a signed form within a company be changed after it had been signed and dated?

2/14/18 is when I signed to the pay increase of 12.48 per hour and sometime between 2/22-2/23 one of the other people on the document changed the pay increase to 12.21 per hour so I would be getting less money. They also did not inform me of this change nor did they ask me to sign a new form saying... Read more »

Wesley Winsor
Wesley Winsor answered on May 18, 2018

This is a good question, in addition to the issue of whether or not someone can enforce a contract that has been altered from the original provisions agreed to, there might be an issue of whether this was a contract at all.

In all contracts, there has to be "consideration" or something of...
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1 Answer | Asked in Criminal Law and Employment Law for Utah on
Q: Does this mean I'm a convicted felon if I took a plea deal? I'm applying for jobs and my employer is asking that ?

So I've already been to court and I was charged with two felonies. One was Possession/Use of Dangerous Drug and the other was Possession/Use of Paraphernalia in the State of Arizona both felonies however I took a plea deal to take 3 years probation with the opportunity to be released at 18 months... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Feb 1, 2018

If you pled in Arizona you need to consult with an Arizona attorney.

1 Answer | Asked in Employment Law for Utah on
Q: Can I fight to get my PTO back from my company if I was never informed that it didn’t rollover to the next year?

I had 52 hours saved up and was just informed that it is “use it or lose it”. That’s quite a bit of money I missed out on because my manger and and HR never explained the policy to me.

Wesley Winsor
Wesley Winsor answered on Jan 30, 2018

First, might I say that I feel for you. That sounds extremely frustrating. I am so sorry that would be a real kick in the pants. Next let me get to your question.

Your terms of employment were probably governed by a contract. I would look first to that contract and whether it said...
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1 Answer | Asked in Criminal Law and Employment Law for Utah on
Q: Can my employment throw things away that I was selling in the store after not picking them up 3 days after being let got
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Jan 28, 2018

This is a property/civil law question - not criminal law.

1 Answer | Asked in Contracts and Employment Law for Utah on
Q: If I told my manager that I would sign an employment contract, do I need to sign it since that makes a contract?

My employer put out an employee contract for us to sign after I've been working for the company in a management position for months now. I didn't feel comfortable with signing it so I put it off for a few weeks. They kept bugging me over and over to sign it. I eventually said I'll get around to... Read more »

Wesley Winsor
Wesley Winsor answered on Dec 29, 2017

You are under no obligation to sign the contract. They could have fired you for not signing the contract, but that is/was their only recourse. What you offered was an illusory promise, " I will get around to signing it". In my opinion, they would spend a lot of money taking you to court in order... Read more »

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 attorney,... Read more »

1 Answer | Asked in Employment Law for Utah on
Q: Why is a law firm willing to pay to fly me out for deposition in a class action case?

I have been offered a flight/hotel by the prosecuting law firm for a deposition as requested by the defending law firm. (I'm participating in a delivery driver class action) Is this is standard practice? I'm weirded out a guy called and want to fly me out in a week.

Lincoln W. Hobbs
Lincoln W. Hobbs answered on Oct 16, 2017

Probably because it' less expensive than them flying to you.

1 Answer | Asked in Employment Law for Utah on
Q: Do employers need to provide a written copy of their employee policies?

Such as:

Tardiness

Absentee

Discipline

Etc

Lincoln W. Hobbs
Lincoln W. Hobbs answered on Oct 16, 2017

No. But they should.

1 Answer | Asked in Employment Law for Utah on
Q: Is forced overtime legal? And if so, is there a time limit for prolonged forced overtime?
Lincoln W. Hobbs
Lincoln W. Hobbs answered on Oct 16, 2017

An employer can require you to work as many hours as they wish, provided they compensate you in accordance with overtime laws. They cannot "force" you to do it, in that you can decline, and quit or get fired. If your employer is making you work more than you want, I'd suggest that you try to find a... Read more »

1 Answer | Asked in Employment Law for Utah on
Q: If your company has video surveillance, do they have to tell you?

Even if the video surveillance isnt used to monitor its employees, as its cliamed, do they need to inform its employees?

Lincoln W. Hobbs
Lincoln W. Hobbs answered on Oct 16, 2017

It would be a good practice, but would not be required in a portion of the office where there is no reasonable expectation of privacy.

2 Answers | Asked in Employment Law and Workers' Compensation for Utah on
Q: Can an employer ask you not to file a claim if they offer to pay any of your out of pocket expenses?

Sorry, a worker’s comp claim for an on the job injury.

Lincoln W. Hobbs
Lincoln W. Hobbs answered on Oct 11, 2017

Not file a claim for what?

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1 Answer | Asked in Criminal Law and Employment Law for Utah on
Q: One of my employees was assaulted on the job by a customer. Can the company press charges on their behalf?

One of my drivers was assaulted by a customer on his delievery. The police told me that my company cannot press charges against the customer over the assualt against my employees. Is this true? I feel that the company can pursue legal action because they assaulted an asset of the company

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Jul 25, 2017

You would have to ask an employment law specialist this question.

1 Answer | Asked in Business Law and Employment Law for Utah on
Q: Can I be fired for a religious conversion?

I work at a catholic school. When I started working there I was catholic. Through a series of events in my personal life, I am no longer catholic.

My boss does not know this.

If I tell my boss, can they fire me for my religious conversion?

I am still able to teach my class... Read more »

Wesley Winsor
Wesley Winsor answered on May 16, 2017

I am probably the wrong person to answer this as I don't have much experience in employment law. Here is what I do know. Businesses are unable to discriminate on the basis of race, religion, age, and gender. If the only reason, your boss would fire you is because of your conversion to another... Read more »

1 Answer | Asked in Employment Law for Utah on
Q: required to pay a full time employee compensation when they are on call

Hello,

I was fired from my job from what I was told was a reduction of force. The person who let me go asked me the same day if I would consider coming back at a later time or a different position, I told him yes.

A month ago I was asked to come in for an interview . It went well... Read more »

Lincoln W. Hobbs
Lincoln W. Hobbs answered on Jan 3, 2017

There is no law that requires an employer to rehire individuals who are terminated, regardless of the reason. Assuming you were not hired because of some type of discrimination, you may have a claim. But with the information provided, I see no claim.

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 by "John"... Read 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 difficult... Read more »

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