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Utah Employment Law Questions & Answers

1 Answer | Asked in Employment Law for Utah on

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

I run a referral service for CNAs to an assisted living facility. In other words, I am independent of the both the assistant living business, and the CNAs, who are independent contractors. I have no other involvement with the CNAs - I simply refer them to the assisted living facility. However,... Read more »

Brian K Jackson answered on Oct 28, 2016

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.

3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Utah on

Q: Attacked by yellow jackets at work

We were asked to start a project as soon after starting we were attacked by yellow jackets I was stung 20 to 30 times on the back of my head and throughout my body. I was wondering if there was any legal action I can take

Lincoln W. Hobbs answered on Oct 27, 2016

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... Read more »

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1 Answer | Asked in Criminal Law and Employment Law for Utah on

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

I was on a hike with my kids and there are some abandoned water towers that have no trespassing signs. So of course we had to go and check it out. When we got done with our hike a police officer was waiting for us and gave me a citation for criminal trespass and contributing to the delinquency of a... Read more »

Margaret Olson answered on Aug 10, 2016

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.

1 Answer | Asked in Employment Law for Utah on

Q: Can I be fired if I am a victim of identity theft and someone stole my paychecks?

I made a mobile deposit with my payroll check in September. My purse was taken and an attempt to redeposit my check was made. I notified my payroll department of the situation and told them to let me know if I needed to do anything else. Three weeks later I was fired because of this without them... Read more »

Brian K Jackson answered on Jan 18, 2016

Did you have a contract with them? And do you have their employee handbook?

1 Answer | Asked in Employment Law for Utah on

Q: Is it against the law to say to some one let me guess your a single mom?

i work for a company that has a manager that continuously yells at the female employees as well as swears at them and one of my family members went in and applied and this manager took one look at her and said oh let me guess single mom he said it to her i just want to know can this be considered... Read more »

Brian K Jackson answered on Nov 15, 2015

It depends on if he didn't hire that person based on that fact which could be gender discrimination.

1 Answer | Asked in Employment Law for Utah on

Q: How do I find a Utah Supreme court ruling from several years ago?

There was a decision regarding a government agency, possibly a local police department that claimed the employee had no property rights to his position he tested and competed for. The police chief wanted to reassign the person to another classification outside the rank he had promoted to. Thanks.

Michael Swensen answered on Sep 8, 2015

I know this is an old questions so hopefully you have found what you are looking for. If not, you can go to the court website and look for older decisions. Here is a link to the website: https://www.utcourts.gov/opinions/index.html . It allows you to select by year and then look for the parties.... Read more »

2 Answers | Asked in Employment Law for Utah on

Q: I am a contract employee does the company have to comply to what is on the contract.

I was hired out of the city i live in, we do schedule bidding as well and go by seniority, I was lied to about the bid, lead to be-leave it was one schedule to find they senor driver wanted a different schedule that would cost two employees there jobs. The run was moved to my City and this driver... Read more »

Robert Jason De Groot answered on Sep 6, 2015

An attorney needs to go over that contract and speak with you about this to determine what to do and what you can do. When someone breaches a contract, they can be sued for breaching the contract, but that will cost you a ton of money to hire an attorney.

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1 Answer | Asked in Employment Law for Utah on

Q: My boss doesn't post our work schedules in advance and I never know if they need me to work on Monday of the next week.

Is that illegal in the state of Utah? I really need to know when or if I'm scheduled to work.

Jefferson S Cannon answered on Sep 1, 2015

While frustrating it's not illegal.

1 Answer | Asked in Employment Law for Utah on

Q: Am I required to disclose my previous identity on job applications for the government?

Long story short, I was in a severe situation that required a safe at home program, confidential and sealed name change, as well as receiving a new SSN from the SSA. I haven't disclosed my previous identity on any job applications, as my case worker at the SSA advised, and haven't had any problems.... Read more »

Jefferson S Cannon answered on Sep 1, 2015

If you have legally changed your name and are following the advice of your case worker then you may be ok but for law enforcement jobs a comprehensive background check is always performed. I don't know if they have special access to records that would allow them to conduct a deeper search of your... Read more »

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