Utah Employment Law Questions & Answers

Q: I crashed a company vehicle (into dirt) and ended up getting a dui. My employer took damage costs out of my last check?

1 Answer | Asked in Car Accidents, Contracts, DUI / DWI and Employment Law for Utah on
Answered on Jul 10, 2018
Michael S. Edwards' answer
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.

The bigger question is: what are you doing to deal with the DUI? You need to get the help of a good criminal defense attorney to help you with your DUI case. Good luck!

Q: Can you get sued if you are from a different country? Also, can chat messages serve as an emplyment contract?

1 Answer | Asked in Business Law, Contracts, Employment Law and Gov & Administrative Law for Utah on
Answered on Jun 8, 2018
Wesley Winsor's answer
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 several pages, but suffice it to say that if you are in the U.S. and the incident causing the suit happened in the U.S. then you can be sued.

Chat messages can serve as an employment contract...

Q: Can a signed form within a company be changed after it had been signed and dated?

1 Answer | Asked in Contracts and Employment Law for Utah on
Answered on May 18, 2018
Wesley Winsor's answer
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 value being exchanged. I am not sure what the circumstances were wherein you signed the document, but let's explore the issues.

Let's say that you agreed to work for and the company agreed to...

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 ?

1 Answer | Asked in Criminal Law and Employment Law for Utah on
Answered on Feb 1, 2018
Mr Aric M Cramer Sr.'s answer
If you pled in Arizona you need to consult with an Arizona attorney.

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?

1 Answer | Asked in Employment Law for Utah on
Answered on Jan 30, 2018
Wesley Winsor's answer
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 anything about the PTO policy. If it referenced the employee handbook or an alternative document and that alternative document had the policy in there, then you I am afraid that you don't have much of a...

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

1 Answer | Asked in Criminal Law and Employment Law for Utah on
Answered on Jan 28, 2018
Mr Aric M Cramer Sr.'s answer
This is a property/civil law question - not criminal law.

Q: If I told my manager that I would sign an employment contract, do I need to sign it since that makes a contract?

1 Answer | Asked in Contracts and Employment Law for Utah on
Answered on Dec 29, 2017
Wesley Winsor's answer
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 for the Judge to compel you to sign something or to get an injunction against you for using any trade secrets.

I would advise, (not knowing the whole story which could change my opinion...

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

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Workers' Compensation for Utah on
Answered on Nov 1, 2017
Lincoln W. Hobbs' answer
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, immediately.

Q: Why is a law firm willing to pay to fly me out for deposition in a class action case?

1 Answer | Asked in Employment Law for Utah on
Answered on Oct 16, 2017
Lincoln W. Hobbs' answer
Probably because it' less expensive than them flying to you.

Q: Do employers need to provide a written copy of their employee policies?

1 Answer | Asked in Employment Law for Utah on
Answered on Oct 16, 2017
Lincoln W. Hobbs' answer
No. But they should.

Q: Is forced overtime legal? And if so, is there a time limit for prolonged forced overtime?

1 Answer | Asked in Employment Law for Utah on
Answered on Oct 16, 2017
Lincoln W. Hobbs' answer
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 new job. It's much easier to find a job when you are currently employed and don't need to explain why you left your last job.

Q: If your company has video surveillance, do they have to tell you?

1 Answer | Asked in Employment Law for Utah on
Answered on Oct 16, 2017
Lincoln W. Hobbs' answer
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.

Q: One of my employees was assaulted on the job by a customer. Can the company press charges on their behalf?

1 Answer | Asked in Criminal Law and Employment Law for Utah on
Answered on Jul 25, 2017
Mr Aric M Cramer Sr.'s answer
You would have to ask an employment law specialist this question.

Q: Can I be fired for a religious conversion?

1 Answer | Asked in Business Law and Employment Law for Utah on
Answered on May 16, 2017
Wesley Winsor's answer
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 religion, then I don't think that they could, because it would be a per se discrimination.

That being said, Utah is an "at will" employment state. This means that you can quit and they can fire...

Q: required to pay a full time employee compensation when they are on call

1 Answer | Asked in Employment Law for Utah on
Answered on Jan 3, 2017
Lincoln W. Hobbs' answer
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.

Q: Is this sexual harassment or discrimination?

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Utah on
Answered on Nov 2, 2016
Lincoln W. Hobbs' answer
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 time, if you were not to get hired, in establishing that you didn't get hired because of your meet up with him. Lastly, for the company to have liability, it would have to have known or had reason to...

Q: Are CNAs I'm referring to a care facility and paying as ICs considered my employees?

1 Answer | Asked in Employment Law for Utah on
Answered on Oct 28, 2016
Brian K Jackson's answer
If you are concerned and the relationship, I don't know how the whole situation is setup, however, it may be good to have a handbook or contract that defines the relationship in order to better protect yourself from liability.

Q: Attacked by yellow jackets at work

3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Utah on
Answered on Oct 27, 2016
Lincoln W. Hobbs' answer
Assuming you required medical treatment, the expenses should be paid by your employer's workers' compensation insurance. You probably don't have a personal injury claim against your employer, assuming they had that required coverage. And there's not likely a claim against anyone else, unless they somehow caused or encouraged the bees to attack you.

Q: If I am a teacher and I get charged with criminal trespass, can I get fired?

1 Answer | Asked in Criminal Law and Employment Law for Utah on
Answered on Aug 10, 2016
Margaret Olson's answer
This is both an employment and criminal law question, but you should deal with the criminal aspect first. Talk to a lawyer about defending against the charges.

The employment question will likely depend upon your employer's policies.

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