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Utah Employment Law Questions & Answers
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... 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 with no problems.

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... 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... Read more »

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
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
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... 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
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
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
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
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
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
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... Read more »

Jefferson S Cannon
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... Read more »

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