Your Rights as an Employee in the State of Utah
Utah is an ‘at-will’ employment state. At-will employment is a term used in the U.S. labor law for contractual relationships in which an employer can dismiss an employee for any reason without having to establish “just cause” for termination, and without warning.
Sounds scary, doesn’t it?
So what are your rights as the employee?
Some exceptions to this labor law that should be considered include:
Public policy exceptions – an employer may not fire an employee if it would violate the state’s public policy doctrine or a state or federal statute
Implied contract exceptions – an employer may not fire an employee when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists
Covenant of good faith and fair dealing exceptions – court interpretations of this have varied, but violations are typically terminations made for malicious reasons
Statutory exceptions – Utah has a number of statutory protections for employees, such as the federal anti-discrimination statutes that prohibit firing or refusing to hire an employee because of race, color, religion, sex, national origin, age, and handicap status. An employer is also prohibited from retaliating against an employee for refusing to commit illegal acts and/or utilizing the Family or Medical Leave Act when qualified.
If you believe you were terminated for any reason that might violate any of the previously listed exceptions, it is highly recommended you seek guidance from an employment lawyer.
At-Will Termination
Outside of these exceptions, however, an employer is able to terminate an employee for any other reason including: poor performance, poor attitude, attendance issues, or even something as simple as a lack of available work. The employee’s actions are not always the reason they are let go from a job. Sometimes the employer has budgeting or scheduling issues that affect the workload or payroll capacity. Whatever the reason, as long as they aren’t violating state or federal laws or statutes, an employer in Utah has flexibility on whom, when and why to terminate.
However, the employee also has the same flexibility. In an at-will employment state, employees may also quit without “just cause” or without warning if they so choose. Penalties for doing so would depend on any contracts or agreements previously made upon hire or during employment with the employer.
This labor law was created to help protect both parties from being required to continue poor, destructive, or unfavorable employment relationships. This allows such relationships to be corrected or terminated immediately instead of drawn out over the course of time, potentially creating an even more damaging experience for either party.
Don’t forget, however, that ending an employment relationship abruptly, from either side, can damage relationships and/or reputations and chances for future employment.
Utah Employment Options at YES
Here at Your Employment Solutions we do the very best we can to make really good, successful job placements in hopes of this never becoming an issue. However, sometimes the job-person fit isn’t quite right and either the employee or we have to take action and correct the issue. That could result in a new job placement, a lay-off, a termination, them quitting, etc. As we try to give as much notice as possible in any instance, we hope for the same respect from our employees when they decide to end their employment with us or at one of our clients. The more detailed an employee is in why they are quitting and the more notice that is given simply helps give us an honest and early opportunity to correct the issue and/or find a better job placement.
Help YES help you find the most suitable opportunity available by being open and honest with us! We’ll do the same in return.
If you have any questions regarding information posted in this article, please feel free to contact me anytime! (801) 298-9377
Alison Evans
Human Resources Manager
Your Employment Solutions
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Can an employer legally charge an employee if they quit before 6 months and or doesnt work the full 2 weeks after giving 2 weeks notice
Thanks for reading our blog, Tammie!
In most cases, payroll deductions may be enforceable if there is a voluntarily signed agreement in regards to the deduction and the deduction doesn’t take the worker’s wages below minimum wage (Utah/Federal is currently at $7.25 per hour).
I am unaware, however, of the legality of ‘charging’ (or billing) an employee for any reason after their termination and their final check has been issued, or for the scenarios you’ve listed. There are multiple factors to consider and that might require a different type of employment contract or agreement that is not currently enforced by YES.
I would suggest contacting an employment lawyer or the local Labor Commission with more details and documentation if further guidance is needed.
We also have a contact email for questions relating specifically to employment with YES – askHR@youremploymentsolutions.com
Please feel free to contact us any time with any future questions or concerns. Thanks!
Hello..
Can city run business “verbally” establish mandatory work days and hours? No type of documentation has been provided nor signed.
This business entity is within the state of Utah.
Your knowledge and assistance is greatly appreciated.
All the best to you
Hey Steven, thanks for reading our blog! Although many businesses in the state of Utah do have the flexibility to manage their schedule and work hours as they see fit and per business necessity, there may be times when they must comply with a documented schedule, such as if it’s explicitly written in an employment contract or union contract. New hires and employees are typically subject to the schedule assigned and they are not always in a position to determine their own schedule or work days. However, they might have an employer that is willing and able to work with them or might have a legal responsibility to consider an accommodation to work hours if medically necessary. Otherwise, there may be little they can do whether the schedule is documented or not, other than choose to look for a job with a more desirable schedule. However, it is important to note that we are not legal representatives and are unable to offer any legal advice on the matter. You may find it more valuable to reach out to your local Labor Commission to discuss in more detail and see what your legal rights may be, especially with the mention of a ‘city run business’ which is not the case for us as a private employer.
I am currently pregnant and the corporate sector of my company has cut our hours and we are so short staffed that I go 5-6 hours some days without breaks and often left to do much dis-advised heavy lifting because the employees who are suppose to be doing it are not being scheduled. I’m concerned about my health and reached out to corporate and received little response. i don’t want to lose my job but what’s going on is not right and I’m looking for resources to help.
Hey Markie, thanks for reading our blog! We’re unable to give any legal advice on this matter, but can definitely try to point you in the right direction! We would suggest first and foremost to discuss these concerns with your immediate supervisor or manager, possibly with a doctor’s note listing any restrictions you may have in regards to lifting or other work related items. Hopefully they have been trained to respond appropriately and work with their Operations and/or HR Department to ensure your concerns are being considered and they aren’t being discriminatory in any employment decisions in that regard. They may have a responsibility under the Pregnancy Discrimination Act (PDA) and the Title VII of the Civil Rights Act (depending on the employer size) to ensure they are not discriminating in any of their employment decisions, but they do have some flexibility in the decisions they make in regards to scheduling and delegating work duties. If you have already discussed this with your supervisor or manager and you still have the same concerns, taking it to the corporate level is a next good step but sometimes takes a bit longer in response time as they have to do some research and discovery back to the site location you are working at. If you are employed at a client company of ours, contacting our HR Department is a must so that we can help work with our client to try and alleviate any safety and health concerns. If you feel you have made a good effort to discuss these matters internally and again still have the same concerns, we might suggest contacting your local Labor Commission to discuss your situation and efforts in more detail and they could give you further guidance on what your rights are and what your next best step is. You are also welcome to contact an employment attorney to discuss, but we would suggest trying to work it out internally or with the free resources at the Labor Commission first. We hope this helps!
My employer and me agreed to a pay of $21/hr, but since I wasn’t a new hire, I switch from CA to UT through the same employer. They forgot to change my pay from $30/hr to the agreed $21/hr. Its been 5 weeks now and I was wondering can they ask for the money back?
Hey Sandi, thanks for reading our blog and reaching out! This is a great question, but one that requires consideration to multiple state laws and regulations as well as company policy or any written documentation there might be with this decision or agreement. Here at YES, we do not do business in California and do not want to mislead you or speak on behalf of an employer that is not our client. We are also not in a position to offer legal advice. We would suggest contacting your local Labor Commission or an employment attorney to discuss in further detail.
If management is telling us we need to follow the employee handbook but they aren’t. What can you do? I have a friend that tried applying for a position in the company and they said no because it’s a conflict of interest cause he would be working the ebay account for them and he can’t sell on eBay himself.
Yet in the employee handbook is states no nepotism and that management can have family members working below them as it’s a conflict of interest yet they all do it and so many family members are working under management.
Is there anything that can be done if they refuse to let him apply for the job for conflict of interest yet management isn’t following the handbook.
Hey Spencer, thanks for reading our blog! If the company you work for has an Employee Handbook, it should include a section that details the proper course of action to take if you believe a manager or the employer to be acting illegally, inappropriately, or if you’d like to submit a grievance or complaint of any sort. Employee Handbooks are very useful tools for employers to help employees understand what is expected of them at that workplace, but in many states an Employee Handbook is not legally required and therefore there is some flexibility for employers on what they choose to have in them or how they choose to manage them. We would encourage you to review the Employee Handbook and follow the listed steps to discuss with your employer. You might also find it helpful to reach out to the local Labor Commission to discuss in more detail.
I recently had an employee on the production line I supervise come at me very angry and agitated demanding answers of why I have an issue with him. I asked him why he thought I had an issue with him and he said because the security guard told him they were suppose to watch him alot more because you’re supervisor (and they said my name)has an issue with you. He ended up getting loud and upset expressing alot of attitude so I told him he had to clock out and leave and he yelled I already called my Dad and he’s on his way. I knew that was a threat because the only other interaction I had with him was on his 1st day of work when I had to send him home because of his attitude and aggressiveness shown towards me and the next day his father went to HR for his son very upset and angry trying to get me to look like the one with an issue.
I felt very scared and I was very upset because I feel like the security guard who told a young employee with anger issues that I specifically had an issue with him put me in immediate danger and I dont think he had any right to say anything at all to this employee about me. I have been very scared and felt very targeted and violated by the security guard at my company and its caused an immense amount of panic, distress, stress and unsafe feelings for me. It just happened last night. I’m so upset and freaked out that I need to see a dr. And am afraid to return to work because the security guards caused this to happen. I also told my manager about the incident and that I was really upset and scared and freaked out and feeling very unsafe now and upset that the security guard put a target on my back, but my manager didn’t do anything about any of it. She didn’t ask me if I was ok or fill out an incident report or talk to me about it at all she just left telling me I needed to fix an order issue. I was so scared that I locked myself in my office until I left. Is that legal for the security guard to get an employee that upset at me with untrue statements? And shouldn’t my manager have taken my feelings of being that upset serious and taken care of the issue for my safety? I am scared that this young guy and his father are going to come and try retaliating against me but my manager did nothing to report the incident or try to make sure I was okay at all. Shouldn’t companies take incidents like this that cause emotional harm be just as important as say someone who gets hurt on the production line physically? This just isn’t right. Dont I have any rights here?
Hey Sara, thanks for reading our blog! We’re very sorry to hear about this situation and how it has affected you. You have a right as an employee in Utah to a safe work environment which includes your physical safety as well as protection from harassment or a hostile working environment. For situations such as this, the best resource is first and foremost your manager, but if you feel your manager has not taken the proper steps or you do not feel the issue is being handled correctly or at all, we would suggest discussing your concerns and fears with your Human Resource Department. If you still feel that your concerns are not being considered or investigated, you have the right to secure legal counsel to support you or we would suggest contacting your local Labor Commission. It is difficult for us to answer many of your questions without having been involved in the situation and not having done an investigation of the event and all parties involved. Unfortunately, we are not legal representatives nor the right resource for investigations unless you are employed at one of our client companies through us. If you are employed by YES, please contact me directly to discuss in further detail or feel free to reach out to your local Labor Commission to discussion the situation in more detail and to get help determining the next best steps. Wishing you the best as you work through such a tough situation during a tough time of year for many.
Can am employer doc pay workout telling the employee and constantly belittle the employee workout consequences?
Hey Jared,
I’d love to help! In general, there are a lot of different reasons why an employee’s pay might be ‘docked’ or ‘decreased’; i.e. court orders, garnishments, equipment purchases, property damage, other employment agreements, etc.. The type of deduction could change the notification procedure and requirements as well. The legality of it would depend on the specifics.
I am concerned about your question in regards to the ‘constantly belittle the employee w/out consequence’ as well. That’s a definite concern and hope you reach out to discuss if you have ever felt that way with YES or any of our clients! Nobody should feel belittled in the workplace. Please feel free to contact me directly if you want to discuss in more detail. I appreciate feedback that can be used to help make YES, and our clients, better employers.
askHR@youremploymentsolutions.com
(801) 298-9377 Office (801) 298-9498 Fax
can a company get in trouble for violating their own policy that both the administration and your self signed on hire date ?
Hey Aly, thanks for your question! Some policies that employers have in place are federal or state regulations and others are internal policies they’ve chosen to abide by. If the employer and the employee signed a document agreeing to those policies, such as an employment contract, then there should be a clause in the contract stating the repercussions of violating the agreement. Beyond an employment contract, some employers do have employees sign in agreement to certain policies such as the common Sexual Harassment policy, which typically aligns with the federal and state regulations on harassment and retaliation. If the employer violates a federal or state regulation or policy, they may find themselves in trouble if they have a EEOC or UALD claim against them, as they would have to prove they complied with the policy. Without any further detail, it’s hard to answer your question more specifically. However, we are not legal advisors or employment attorneys and are unable to give legal advice beyond some of the more basic information shared here. If your situation is with a client of Your Employment Solutions, we’d love for you to contact our HR Department at (801) 298-9377 to discuss in more detail. If this is not a client company of ours, we suggest consulting with an employment attorney or your local Labor Commission to discuss your options in more detail.
I am wondering if an employee can fire you if you do not meet the adherence they require although you have medical conditions affecting that and have an ada form filled out by your doctor?
Hi Mercedes,
Your question has a lot of different aspects to it and different things to consider. Without any specifics, I’m unable to give much of a response or guidance here. I urge you to contact our Human Resources department to discuss in more detail and to see how we might help you work through any difficulties you might be experiencing! We’d love to help. We are open Monday-Friday 8am-5pm and HR can be contacted at 801-298-9377 or askHR@youremploymentsolutions.com
Can someone get fired for not having a babysitter?
Hey Tristin,
It may be lawful for an employer to terminate an employee if they are unwilling or unable to work a shift or schedule and/or are violating an attendance policy (such as if they don’t show up to work as scheduled due to not having a babysitter, if they don’t notify the employer within a reasonable amount of time or at all, if they leave the job during scheduled hours without prior approval, or etc.) There are many scenarios and the outcome could be different depending on the specifics of the situation. Please feel free to contact us directly if you’d like to discuss a particular situation in more detail. We’d love to help! 801-298-9377 or askHR@youremploymentsolutions.com
Does an employer have to give prior notification before working you on a day off
Hey Michal, thanks for reading our blog! That’s a great question. Although a short notice change in schedule can be tough on employees, employers have no legal obligation to provide prior notice or obtain consent before changing a work schedule. Employers have the ability to adjust their schedule as needed and sometimes they are given short notice when an employee quits without notice or calls in sick or with another emergency and they still need to continue with business as usual. If you feel the change is due to some other factor than business necessity, such as discrimination, we would suggest to contact the local Labor Commission to discuss the situation in more detail and see if they are able to offer any guidance on the matter.
Can your employer fire your threaten to fire you if you discuss your pay?
Hey Anna, thanks for reading our blog! Employees do have protection under the National Labor Relations Act to discuss working conditions, which does include pay and benefits. The protections are provided to allow employees to discuss their working conditions to help ensure they aren’t being grossly mistreated or discriminated against by their employers. However, discussing pay can have a negative impact not related to any discriminatory or illegal actions on behalf of the employer; such as negatively affecting employee morale when an employee finds out their peer makes more then they do. The pay decisions may totally be legitimate, just not fully understood by the other employees. Therefore, employers sometimes feel they should prohibit employees from discussing wages to avoid such issues, but they are not able to do so under the federal NLRA regulations. If you are referencing an employer that is a client of ours, please contact me, Human Resource Manager, at (801) 298-9377 to discuss in more detail. We would love to help correct this issue. If they are not our client, we suggest to contact the local Labor Commission for more information on your rights and responsibilities in this regard.
Can an employer refuse to reimburse you for anything you’ve paid out of pocket in order to obtain that job? Can they pick and choose what they are willing to reimburse you for?
Hey Lauren, thanks for reading our blog! There are some regulations under the Fair Labor Standards Act and OSHA in regards to tools, equipment, and PPE necessary to do a job and when an employer has to provide them or purchase them on behalf of the employee. There are also some other regulations under the FLSA that relate to when an employer would have to pay for providing or maintaining uniforms or other facilities. Each situation depends on what the item is, its business necessity, and what the regulations say about the employer being responsible for the purchase or how much they can deduct from an employee’s wages to cover the associated costs. Whether the employer chooses to issue reimbursements for the costs incurred or process payroll deductions instead would be up to them. If you are currently employed by YES at one of our client companies, please give our Human Resources Department a call at (801) 298-9377 to discuss in further detail and we can see what we can help with. If you are not currently employed by YES, we would suggest reviewing the Fair Labor Standards Act tools and uniform deductions from wages or contact your local Labor Commission to seek guidance on your particular situation. https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs16.pdf
Can your employer write you up if you were never approached to fix a situation? In other words if something happened and you didn’t know it was a rule and you were never approached to fix or work on making things better, can you be written up? No warning was ever given, nor were there any rules about the particular situation just “you are being written up because of this” and no means of corrective action were given to avoid the write up. In other words, no means of support, nor hey this isn’t something we do here we need to fix it.”
Hey Cathy, great question! Every situation is different and there are a lot of factors to be considered, but to answer your initial question, there are no laws that directly address employee write-ups. Companies may have written policies about discipline, however, they do not have a legal obligation to follow those policies. The employer is entitled to their subjective view and evaluation of employee performance as an at-will employee, however unfair it might seem. Unless you have a contract or agreement that says otherwise, you are an at-will employee. Employment-at-will means the employer has the right to sever the working relationship at any time, for any reason or no reason, with or without notice. Employees have the same rights to end the working relationship. As such, you can be disciplined and even terminated for any reason, or even no reason at all. You can be written up, verbally warned, and even suspended for what might seem like crazy or baseless reasons, but be aware that it might be management’s opportunity to correct an issue or advise an employee of their views on the matter and set an expectation for the future, whether or not previous discussions on the matter have occurred. How an employer chooses to administer disciplinary actions, however, can make a world of a difference (i.e. making the employee feel defeated versus feeling energized to improve). If you feel that you’ve been treated unfairly by YES or any of our clients, we’d love the opportunity to discuss in more detail so we know where we can improve! Feel free to contact us any time at 801-298-9377 or askHR@youremploymentsolutions.com
Thanks for your response. I have more questions. How long does a write up stay on your personal file? If there’s no rule, then is that up to the discretion of the employer? Also, I believe I’m in a small way being treated unfairly. I have a learning disability and ADD and am being told that my office will be moved to the back into another office. I have done nothing wrong. Also, do I have the right to request the copy of my write up so I can refute the baseless reasons?
With there being no laws that directly address write-ups, they are left to the discretion of the employer. What an employer keeps on file, how long they keep it on file, and who they let access those files is within the employer’s control and can vary greatly between employers. I definitely believe you have a right to request a copy of your write-up, but can not guarantee the outcome of such a request, as we’re not the employer who issued it. If this is one of our clients and you are working through YES, please give us a call to discuss in more detail so we can investigate and help get more of your questions answered. If you are not working with YES, I would suggest reaching out to the local Labor Commission for more information about write-ups and employment law. https://laborcommission.utah.gov/about/contact_us.html
If an employee resigns do they have the opportunity to clean their desk to pick up personal belongings?
Hi Karina,
There are no laws that I’m aware of that directly relate to the return of personal property of an employee upon or after termination. Companies vary in regards to standard protocol or policies surrounding terminations and how they handle differentiating between personal and company property. If you are seeking personal property that is currently at a previous employer, I strongly suggest reaching out to their Human Resources department to discuss your options and any policies they might have in place. If they are unwilling to release your personal belongings for any reason, you have the option of using a lawyer or law enforcement to assist you in collecting your belongings. However, I suggest this as a last resort because it could take significantly longer to retrieve your belongings and you should be prepared to provide a list of items you’re missing and evidence that they belong to you, such as receipts or written witness statements.
If your question is in regards to one of our clients here at YES, please contact me at your earliest convenience to discuss in further detail. I would love to help you out in any way I can! askHR@youremploymentsolutions.com or at (801) 298-9377
Is a small business owner allowed to cut your hours to give hours to their children?
Hi Mike,
Great question. If the business is in an at-will employment state, like here in Utah, a small business owner has some flexibility in their hiring, scheduling, and terminating practices. As long as the employer is not violating any labor laws in doing so, the employer is able to schedule their employees as they see fit. If their children are under the age of 18, there are laws surrounding the employment of minors, but there are some exceptions to those rules when the minor is working for their parents. There are also other labor laws that might come into play here, but the nature and size of the company could determine if they are required to abide by those laws or not. There may be a few instances where reducing an employee’s hours to give to the owner’s children wouldn’t be legal, but it’s hard to tell without knowing the specifics of the company and the situation. For more information on current labor law, please feel free to visit the U.S. Department of Labor site at https://www.dol.gov/general/aboutdol/majorlaws or feel free to contact me directly if you have any further questions or concerns. askHR@youremploymentsolutions.com or (801)298-9377
I’ve been called into the office and I was accused of passing ong rumors. He refused to tell me who made the complaint, what I’ve said and when I’ve said it. I was told he couldn’t give me that information. So how am I supposed to defend myself or even give my side of the story. I’ll hear their final decision on the matter and if disciplinary action would follow.
Thanks for reading our blog, Amador! We’re very sorry to hear about your situation that has left you feeling confused and frustrated. The process for investigating workplace complaints is typically one that companies decide upon for themselves and should have a policy statement to help employees know what their rights are and what to expect. We would suggest contacting your employer’s Human Resource department to request a copy of their policy for workplace investigations and/or request to speak to an HR manager or representative about the process and how you feel. Some smaller companies might not have a formal written policy, but I feel you are still within your right to ask and to request to tell your side of the story. If you are employed by Your Employment Solutions at one of our clients, please call me directly at (801) 298-9377 to discuss and we can help walk you through that process depending on where it is you’re working. If you are not employed by us, we are unable to give any legal advice and would suggest contacting your local Labor Commission or an employment attorney to discuss your situation in more detail and see what rights you may have under local employment laws.
If an employee has the right to quite with out giving an explanation such as the employer has the right to hire and fire without cause. Then why is it when an ex employee goes to file for unemployment they are subject to an explanation of why they quit. And if not an excusable reason according to the ex employer they are not eligible for benefits?
Hey Megan, those are great questions!
“At-will” employment is a different concept than Unemployment Insurance, but that is a fair question. Being an ‘at-will’ employment state, like here in Utah, means that an employer OR employee can terminate the working relationship for any legal, non-discriminatory reason as long as there isn’t a contract stating otherwise. If an employment contract exists, and if the terms and conditions of that contract are violated by either party, then the other party may have rights to sue for damages or take other action that is detailed in the contract.
Unemployment Insurance Benefits, on the other hand, are offered through the Federal-State Unemployment Insurance Program that provides unemployment benefits to eligible workers who are unemployed through no fault of their own (as determined under State Law), and meet other eligibility requirements of State Law; not those who are simply unemployed. For more information on Unemployment Insurance Benefits, here is a link to the US Department of Labor website detailing benefits and eligibility; https://workforcesecurity.doleta.gov/unemploy/uifactsheet.asp, or please feel free to contact your local Department of Workforce Services for more information.
If an employee was drug tested does the employer have the right to tell others the results, like family friends etc..
Hi Ashlee, thanks for reading our blog!
Here is a helpful article from the Society of Human Resource Management on drug testing and confidentiality: https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/confidentialityandsharingofdrugtestresults.aspx
Here at YES, we take confidentiality of our employee’s information very seriously! If you feel your rights have been violated by anybody in our company, please reach out to me ASAP to discuss in further detail. (801) 298-9377 or askHR@youremploymentsolutions.com
During a write up is it illegal to tell me that I can’t have a support person in there with me?
I want someone else to sit in with me and was told that I couldn’t because it wasn’t standard practice.
Hey Dana, great question! I’m not aware of any laws regarding write-ups, as they are not a required course of action in an at-will employment state like here in Utah. However, if an employer chooses to conduct write-ups as a course of correcting behavior, they should conduct those according to their internal policy that is written and made available to all employees. If they don’t have a written policy, they might have more flexibility in how they conduct those. You can contact your local Labor Commission or an employment lawyer for more specific questions and answer on write-ups.
Can you be suspended without pay in Utah if there isn’t a clause about it in your employee handbook? Or if they don’t say I was just told I’m on a three day suspension for violating attendance policy which is vague to begin with no letter nothing like that and I know I’m in a RTW state so if they don’t pay me can they do that legally?
Hey Brett, thanks for reading our blog! This is a difficult question to answer because it requires consideration to an employee handbook as well as any other written policies the company may have, if there is a signed employee contract upon hire and how suspension is addressed within that contract, and if the employee is considered exempt or not. This also may depend on the state the employee is working in or where the employer resides and what the purpose for the suspension is, such as a suspension for an internal legal investigation might be treated differently than a suspension for a policy violation. If an employee did not sign an employee contract, are non-exempt, are in a right to work state, and the company has a policy that doesn’t strictly address or prohibit suspensions without pay, they may have the right to choose that course of action. Your Employment Solutions is not an employment attorney or legal representative, so we are unable to give any specific legal advice. However, we would suggest to contact an employment attorney or your local Labor Commission to discuss your situation in further detail to get more information on which laws apply and what your next best course of action might be.
I have a question: If I am being bullied or harassed at work can I legally record my daily routine in order to catch them?
Hi Sarah,
If you feel bullied or harassed at work, the first step would be to report it to your employer immediately. Most employers have a policy on how to report such incidents and have a legal responsibility to respond to such claims. As for recording anything, there are a lot of things to consider, such as any company policies it might be violating or any state laws that might prohibit non-consensual recording. The first step should be to notify the employer so they can begin the steps to correcting any harassing behavior, but you can also consult with your local Labor Commission or an employment lawyer to find out exactly what your rights might be in regards to personal recordings at work. If you feel bullied or harassed while working for any of our clients, please contact me immediately so we can help! – (801) 298-9377 or askHR@youremploymentsolutions.com
Thank you for providing me that info, however, I have reached out to our HR department who also happens to be our clinic manager, and nothing has been done about my concerns other than shrugged off or it falls on deaf ears and she protects the bullies vs the victims; meaning she is friends with them and sides with them and says things like “oh thats not true” or similar comments. Nothing is ever done
Hey Sarah, I’m sorry to hear about your experience and feeling like nothing is being done about it. Here at YES, we take claims of bullying and harassment very seriously, so if you are working at a client of ours, please contact me directly and I will try to help in any way that I can! If not, unfortunately I won’t be of much help, but I think your next step should be to contact your local Labor Commission and discuss the situation with them. They should be able to give you great advice on how to move forward and might be able to help you in doing so.
Is my previous employer required to give me pay stubs if I request them? What happens if they refuse?
Hey Tara,
Thanks for reading our blog! The answer to your question depends on which state you were working in. Here in Utah, the law requires employers to furnish or provide a statement that details an employee’s pay information, however, it is not required for them to furnish that in writing or on paper. You may want to find out if the company offers access to electronic pay stubs, or why they are refusing to provide the pay stubs in the first place, as the Fair Labor Standards Act requires employers to keep accurate records of employees’ wages and hours worked for at least three years. If you haven’t worked at that employer for over three years, they may have disposed of those records and therefore aren’t able to provide them for you. You can contact your local Labor Commission for more information or questions regarding the issue or what to do next in this particular case.
My boss is currently on vacation. He left a fellow employee in charge. An employee let both mgrs know they would not be able to work their shift. The employee asked 2 of us that are not scheduled to cover their shift. We couldn’t. So hours later the 3 of us receive a text saying we are fired. Can this be legal? (Ogden, Utah)
We got no explanation, nothing.
Hey Vellina,
Thanks for reading our blog! If this happened while employed through YES, please contact me directly to discuss this matter in more detail.
Unfortunately, I can’t speak on behalf of another employer and it looks like there might be many factors to consider in this situation. Utah is an at-will employment state, which means an employer has the flexibility to hire and fire as they see fit for their business operations, as long as it’s not discriminatory or in violation of any federal or state employment laws or statutes. Although I’d love to help, your question is probably best suited for the HR Manager of the company you’re referring to or the local Labor Commission.
Again, please contact me directly if this occurred while employed by Your Employment Solutions – (801) 298-9377.
If you were employed by another company who does not have an HR Department or an HR Manager who is able to help answer your questions, here is a link to our local Labor Commission
https://laborcommission.utah.gov/about/contact_us.html
Can I be fired or made to quit due to health reasons
Hey Patricia,
Thanks for reading our blog! We appreciate your question, but it’s a very broad question that has many factors to consider. When considering health conditions of an employee, an employer should first look at the essential functions of the job and if the employee is able to complete those duties with our without a reasonable accommodation. They must also consider what is reasonable and what is an undue hardship when attempting to accommodate an individual. There may also be other laws and regulations that come into play depending on what the position or industry is, such as specific DOT or occupational safety and health (OSHA) regulations. We do our best to help answer questions and give advice, but we’re not attorneys or legal representatives and do not intend to be a substitute for legal counsel. If you feel you may have been wrongfully terminated from one of YES’ clients, please contact me immediately to discuss at (801) 298-9377. If this did not occur at any client company of YES, I would advise reaching out to an employment law specialist or the local Labor Commission for more help.
Can my employer change my role and job description without notice, if they do not change my pay or raise potential?
Hey Johnny, thanks for reading our blog! This is a really good question, but pretty broad. I will do my best to answer, but please know that I am not an employment lawyer or legal council to be relied upon for legal advice.
In an At-Will employment state, like here in Utah, an employer may hire, fire, or reorganize their company or positions at their discretion as long as they aren’t doing so for any illegal reason, such as discrimination or retaliation, or unless they have a contract that was agreed upon at hire detailing the job description, the expected duration of the position, and/or any wage expectations. In the absence of an employee contract, a union contract, or any illegal motivation, an employer usually has the flexibility to adjust their workforce and structure to adapt to the company needs, which may have changed. With the exception of minimum wage laws or an employee contract stating otherwise, there aren’t any federal or state laws requiring an employer to increase pay or give raises at all, nor am I aware of any laws requiring any certain level of pay for any particular position. Employers have the right to determine the wages they will pay as long as it doesn’t violate minimum wage or equal pay laws. Employees have some of the same protections as employers in an At-Will employment state as well, such that they can quit at any time, for any reason, at their own discretion. However, if you have an employment or union contract, you may be subject to giving a certain amount of notice or have another agreement detailing the appropriate way to resign. There is a lot to consider in a situation like this, but here at YES we believe it all comes down to being an equal opportunity employer, how any necessary changes are communicated, and the support given to incorporate them into a new role. If this occurred at one of our clients, please feel free to contact me directly at (801) 298-9377 to discuss in more detail. If this did not happen at YES or any of our clients, an employment lawyer or your local Labor Commission can help give a better response upon knowing the details of this situation.
Can an employer keep any commissions after an employee quits? Who determines whether a commission is earned or not?
Hey Kris, thank you for taking the time to read our blog!
The Fair Labor Standards Act (FLSA) does not require the payment of commissions, however, the Utah Payment of Wages Act does indicate that all wages earned by an employee must be paid upon termination, and by definition, commissions are considered wages. In Utah, the statute indicates that all commissions that were earned while the business relationship was in effect (per the agreement between the parties) are due within 30 days after termination. In regards to your question about if an employer can keep any commissions after an employee quits and who determines whether a commission is earned or not, I would refer you to review any employment agreement or commission plan agreement you may have with the company to ensure payment of commissions follows the agreed upon terms. You might also want to consider if you entered into any agreement on the purchase of required uniforms or clothing, required tools, any other items necessary for employment, or if there has been any damage or loss of the employer’s property of which they are withholding wages to cover the cost of. After reviewing any and all agreements made with the previous employer and discussing your concerns with them directly, if you feel you are still owed commissions that you have not yet received, you can contact an employment lawyer or the Wage Claim Unit of your local Labor Commission for more support or to file a wage claim against the employer. If your question is in regards to a client of Your Employment Solutions, please feel free to contact me directly to help resolve the issue (801) 298-9377. If it is not in regards to a client of Your Employment Solutions, but is located in the state of Utah, please feel free to contact the local Wage Claim Unit at https://laborcommission.utah.gov/divisions/AntidiscriminationAndLabor/wage_claim_unit.html
I engage a workforce through an agency. The agency had them sign a a document that they would work for us directly for some determined period of time. If I want to offer them a job, can the agency prevent them from working for us?
Hey Matt,
Unfortunately I can’t speak on behalf of another agency, but I would suggest to review the contract that you may have between your company and theirs. The contract should detail what to expect in a situation like this. However, if absent a contract, even in an at-will employment state like Utah, if an applicant or employee signs an employee contract with a clause about how long they must work for the company, there might be penalties for the individual or the company if either party chooses to act against that agreement. Here at YES, we don’t typically offer any type of written employee contract, but if you’re referring to us please contact me directly and we can discuss in more detail, (801)298-9377. If not, I would advise to reach out to your company’s HR or legal department or possibly the local Labor Commission to seek further guidance on this situation. Thanks for reading our blog and best of luck to you in your hiring efforts!
Can an employer fire you because of side work you do for them for example my boss texted me asking for me to weed for him and when I didn’t get the job done he said he might fire me please respond ASAP on what I can say or tell him to keep my job
Hey Reese,
Thanks for reading our blog! Unfortunately we don’t have a quick or easy response for this question. There are a lot of factors to consider, such as; if the business is conducted in an At-Will Employment state, if there is an employment contract stipulating the terms and conditions of employment, if there was a violation of any employment contract or agreement, if the company has any policies on moonlighting or side work, if the weeding was done on the company’s property and falls under the scope of employment, etc. We are not Attorneys or Employment Lawyers, so we’re unable to offer any legal advice, and unfortunately we can’t speak on behalf of said company. If this occurred at one of our clients, please contact me directly to discuss in more detail, (801) 298-9377, and if not, I would suggest to discuss your situation in more detail with the local Labor Commission for more information or guidance.
Was hired on as a during the Covid, they stated to me that I am no longer needed since I was hired as a temporary employee. I am 6months pregnant which they know and they let me go, stating. Is this allowed? It’s not fair.
Hey BClark, thanks for reading our blog! There are a couple of different laws that protect pregnant employees from being discriminated against in employment. However, many employers have experienced difficult changes due to COVID-19 and have had to reduce their workforce or shut down their operations and have been forced to lay many employees off, including temporary and/or permanent workers. It is common to see employers start with laying off their temporary workforce first. If there were others who were laid off as well, it might simply be due to the effects of COVID-19 and not because of any protected classes. However, if you feel you were released based off your pregnancy alone and were employed by us at a client company, please contact our HR Department immediately to discuss the details. We would love the opportunity to help! If this was not at a client of ours, we would suggest contacting an employment attorney or the local Labor Commission to discuss your particular situation in detail and seek more information or further guidance.
Can an employer legally obtain auto insurance for a minor (17) to use a company vehicle?
Also, if in the interview you were told that you would make $13.00 an hour. After you tell the employer you are making $14.00 an hour at your current job (truth) they proceed to tell you that you will get paid fifty cents per mile to use your own personal vehicle. You put your two weeks notice in and start your first week on the job and they decide to buy a maintenance truck because they realize they are paying more per mile then it would to buy a company truck. Now my son has to go grovel to his previous employer to get his $14.00 an job back. Plus with my son being a minor what are the auto insurance laws for businesses. Is it even wise for a company to hire a minor to drive a company vehicle? Thanks for reading and any advise is a appreciated. JB
Hey JB, thanks for reading our blog!
There’s a lot of factors to consider here. Unfortunately, we aren’t attorneys or employment lawyers, therefore I’m unable to answer anything specifically, but here’s a good resource from the Department of Labor you might find useful on the employment of 17-year-olds and driving as part of their employment, https://www.dol.gov/whd/regs/compliance/whdfs34.htm
If your son is employed by one of our clients, please feel free to contact me directly to discuss in more detail, (801) 298-9377. If he is not employed by one of our clients, I won’t be of much more help, but you can contact the local Labor Commission for further information or guidance on this particular situation.
Can my former employer tell my new potential employer why I was fired?
Hey Sheri, thanks for reading our blog! Currently, in most cases, employers aren’t legally prohibited from telling another employer that you were terminated, laid off, or let go. They can even share the reasons that you lost your job. However, if an employer falsely states that you were fired or presents an incorrect reason for termination that is damaging to your reputation, then you could have a right to sue for defamation. The burden of proof would fall on you as the plaintiff to prove that the information shared by your past employer was false and damaging in order to win the case. In most cases, however, the cost of litigation and legal fees aren’t worth it. There are a lot of factors to consider, especially if deciding to pursue legal action. Unfortunately, we aren’t attorneys or employment lawyers and are unable to give any further guidance on the matter. If interested, please feel free to contact your local Labor Commission for more information or guidance.
Is your employer allowed to swear at you and when you ask him to not swear at you for absolutely no reason and tells you that if you don’t like how he talks, there’s the door and when you leave. Don’t come back. Is he allowed to do that?
Hey Maryann, thanks for reading our blog! Here in Utah, employers and managers do have some discretion in how they choose to treat their employees, as long as it’s not discriminatory or in violation of any other law or statute. If you feel this person treats everybody the same, and poorly at that, it may just be their individual management style and although I might agree that it’s not an appropriate or motivating style, they could be allowed to manage that way. If you feel you are being treated differently because of your association with one of the protected classes, you may want to seek legal council or discuss your situation with the local Labor Commission to see if discrimination may be happening. If this is occurring at one of our client companies, please contact me directly to discuss in more detail at (801) 298-9377. If not, please feel free to contact your local Labor Commission or an employment attorney to discuss. https://laborcommission.utah.gov/about/contact_us.html
Hi there. Can your employer terminate you for filing a harassment claim, even if they thought it was done in “bad faith”. Ultimately, the claim was submitted due to the nature of discussions even though a former coworker and I had a flirtatious relationship. I asked him to stop at one point and he didn’t so I filed a claim. My former employer says I threatened him and then retaliated against him by filing a claim when that wasn’t the truth. The claim was submitted in good faith and I have it under good authority that what I said wasn’t a threat, it was a warning and more of a fabricated reason of the TRUE reason for termination
Hey Claudia, thanks for reading our blog! You’ve presented a pretty heavy question that might be tough to answer from our perspective. If you are referring to a company you worked at while employed by Your Employment Solutions, please contact me directly at (801) 298-9377 to discuss in more detail. If this is at a company that is not doing business with Your Employment Solutions, we would suggest to contact your local Labor Commission or an employment attorney to discuss your situation and what options you may have. The Labor Commission is a great resource for those wanting to know their rights within a certain circumstance and could give some great advice on what to do next.
Can a manager just remove you from your position. Then reassign you to another position that is 40 miles away from your home, when you’ve been at the same place where you applied for that is less than 5 miles from your home?
Thanks for reading our blog! There may be several factors to consider in your question, such as – was this employment within an At-Will employment state or was there a valid employment contract signed that stipulates a work location or maintains a specific work location for a specific amount of time; was the reassignment for business purposes such as reduced work load at one location but increased workload at another where a transfer is in consideration over a total layoff or termination; or were you employed through a PEO or Employment Agency that was attempting to maintain your employment through another similar position once the initial one ended although it was a significant difference in your commute? There may be valid business reasons for a transfer of employees, although it might not always be ideal for the employee, it may be an option instead of a lay off or a termination. However, if you feel the purpose was discriminatory, you may have the right to file a claim of discrimination. If you were employed through Your Employment Solutions and feel your transfer was unfair, please contact me directly to discuss. If not, contacting your local Labor Commission to discuss the details of your situation could help answer more of your questions and help you determine your next steps. Employment Attorneys are also a good resource for such legal questions as well.
Hi, I’m curious, can an employer fire an employee just because they were applying for another job or second job since their hours were cut? This happened to someone I know. They told him that he is terminated immediately due to the fact that he was applying for other jobs and stated they have to protect their business. It’s a small company that sales flooring.
Hey Shirl, thanks for your question! Although this situation may seem unlawful or unethical, it may not be illegal. If this employer is in Utah, that may fall under the at-will employment clause and be lawful. They may have a policy that specifically addresses outside employment; however, even if they don’t and the decision isn’t based on a protected class, they may have the right to make that business decision. However, it may go further into considering if they do the same with others and if not, is the reason this individual is singled out possibly discriminatory? If this is their regular procedure, then it wouldn’t necessarily give rise to discrimination. These are all speculations, of course, without knowing all the details. I hope this helps shed some perspective, but for any further advice or guidance we would suggest reaching out to an employment attorney or the local Labor Commission https://laborcommission.utah.gov/about/contact_us.html
Hi! Can an employer charge you for “training, mentorship, credentialing, continuing education, and malpractice insurance” when you resign prior to working 2 years (as mentioned in the contract)—I worked for this clinic for 4 months and did not receive any of these additional benefits with the exception of being added to their malpractice insurance. Any training and mentorship was through mandatory staff meetings. They prorated this expense at 3k from the start date and are charging me ~2500 for their “investment” in my employment, however, I did not access any of these benefits.
Hey Kelley, thanks for reading our blog! If an employer is requiring attendance at a particular work-related training, under the Utah Payment of Wages Act they would be required to pay the employee for their time in attendance. However, if the training is not required and the employee does or doesn’t attend at their own discretion that may be different. Some employers do offer additional types of trainings and benefits at the employee’s discretion, and if they aren’t mandatory and if there was a contract signed for repayment of those benefits if the employee doesn’t meet certain tenure requirements, they may be required to pay back those benefits, tuition, etc. to the employer. Since you did mention a contract being signed, we would highly suggest getting in contact with an employer lawyer or attorney that specializes in contract law to help you in this situation, as we are not legal advisors or attorneys. If this has occurred while working through our agency at a client company, please contact our Human Resource Department at (801) 298-9377 to discuss in more detail as we would need more specific information about the contract. If this is not a client of ours, we would suggest contacting an attorney or your local Labor Commission to discuss in more detail. The Labor Commission is a great, cost effective resource for employment law questions.
Can a emp6tell you, “you are working to cover some one’s accident”?? Even if they are your scheduled time off? They didnt ask do you have a second job or anything like that. And they dont know if I am working a second job or something to this
Hey Robert, thanks for reading our blog! Scheduling is quite a challenging task and each employer manages their workload and schedules very differently. If there is an employment contract between you and this employer, there might be further guidance or information on what you can expect in situations like this. If there is not an employment contract in place, then an employer may have the right to change the schedules as they see fit. As an employee, you can inform them of a scheduling conflict with your other job and attempt to work through the immediate scheduling need they have. However, each employer is able to manage their schedule as they see fit as long as it doesn’t violate any laws or regulations. At first glance, nothing is coming to mind at the moment as a clear violation of any federal or Utah state employment law from your question. It sounds like the employer might be in a bind from an unanticipated accident and might not have the best way to communicate their scheduling need to their staff, leaving the staff with inconvenient, short notice scheduling changes as well. Sounds like a tough situation for both parties involved. If you are interested in finding out more about your rights in this situation, we would suggest contacting an employment attorney or the local Labor Commission to discuss in further detail.
In Utah can your employer tell you when the office is short staffed you have to take a30 minute lunch but you are not allowed to leave the premises?
Thanks for reading our blog, Trisha! Taken from the Utah Labor Commission website, “Utah does not require employers to provide breaks, including lunch breaks, for workers eighteen (18) years old or older. An employer who chooses to provide a break in excess of twenty (20) minutes does not have to pay wages for lunch periods or other breaks if the employee is free to leave the worksite, in fact takes their lunch or break, and the employee does not actually perform work. According to federal law, breaks twenty (20) minutes or shorter typically must be paid.” Here at YES, we feel that it would be appropriate for the employer to pay for the shortened break given that they are not allowing you to leave the premises, but they are allowed to make that change if they feel necessary. However, we are not legal attorneys or representatives and would suggest contacting your local Labor Commission for more information on the rules and regulations surrounding breaks in relation to your specific situation.
Can an employer prohibit all employee conversations about politics in the office if they are a school largely funded by the state of Utah? Public school. Free speech question.
Hey Robert, thanks for reading our blog! There are multiple factors to consider with your question and unfortunately that is a much bigger question than we are able to provide support for. We are not legal representatives and are not in the public sector. We would suggest seeking advice and guidance from the local Labor Commission or an employment attorney. They would be a much better resource for this question and should be able to provide some insight or guidance for you. For information on the Labor Commission in our area, please visit https://laborcommission.utah.gov/
Hi,
I work as a CNA and recently the cooperation I work for took away the ability for us to sit while we chart, the only time for us to sit down. Now we are not provided any place to sit for even a minute outside of our lunch break. After a 12 hour shift I am in a considerable amount of pain from my feet abd joints, pain which was previously lessened by brief periods of reprieve. My coworkers have also been in increased pain. I do not have a documented disability. Is this legal? Is there anyway for me to fight this?
Hey Tanya, thanks for reading our blog! The situation you shared has a lot of pieces to consider and with us not being legal representatives and not in the medical field, unfortunately we are unable to give any legal advice on this matter. However, I would personally suggest to discuss this situation with your supervisor or company HR, if you haven’t already, and try explaining the pain and potential safety risk you feel this may present for yourself and the team and the service they provide to the patients. Their new policy may have been created to address another issue and they may not be aware of the new issues it’s presenting. If you’ve tried working directly with your supervisor or the company first and still feel your health and safety are at risk, we would suggest to contact your local Labor Commission or an employment attorney to discuss what your next steps should be. Best of luck to you, Tanya, and thank you for all of your work in the healthcare field! We appreciate what you and your profession does for the communities it serves.
I have a family member that is on a liver transplant list and due to covid is now working from home. He filed FMLA papers that had been filed with the hospital but has not had to use the benefit yet, also the HR manager had signed them. The family member has kept management and HR updated on his health which has not been very good. Two days ago he received a call from the HR office and they told him that he has not been producing enough and they were going to let him go. Then the HR manager asked him “Is that Ok?” He has now lost his insurance, he will applying for medicaid today and if he is denied he will be taken off the transplant list.
Is there anything he can do? Shouldn’t he have been offered to use the FMLA?
Hey Lorie, thanks for reading our blog and reaching out! Unfortunately, we are not legal representatives and unable to give specific advice on this situation, as there are a lot of factors to consider and we’re not aware of this being an employee of ours. An employer must first decide if this employee qualifies for FMLA or not and if so, how does the employer manage the 12 weeks of leave and how much leave has the employee in question already used. If the employee does not yet qualify for FMLA, the employer should notify them and there is little protection for the employee in regards to keeping their job while taking extended leave for any reason, including a health condition. The employer would have the flexibility to terminate employment for productivity or attendance reasons. However, if the employee does qualify for FMLA leave and is complying with their responsibilities under the Act and have not yet exhausted the 12 weeks of Family and Medical Leave, then the employee may have reason to believe they were wrongfully terminated. This takes careful consideration, though, as an employer may still have flexibility to reduce staff headcount if they would have done so whether the employee was on FMLA or not. Again, there are a lot of factors to consider and we would suggest contacting your local Labor Commission or an employment attorney to discuss your particular situation and see what your next best steps should be. If this person is employed through YES by one of our clients, please contact our HR Department during regular business hours to discuss in further detail.
Hello, I am wondering if I am entitled to at least some reimbursement of the costs I have incurred while being told to work from home in the pandemic. I have read that California has very comprehensive protection for employees, where there’s more case law than other states siding with the employee, forcing employers to reimburse at least some of the costs.
In utah, there doesn’t seem to be much caselaw or topics on the matter; I am wondering if I have a case with my employer who is refusing to pay any incurred expenses yet demands I have high speed internet and a working cellphone for work use. Thank you! My employer is also an ecommerce company, which almost suggests they need to be addressing the internet needs of their workforce.
Hey Marley, thanks for reading our blog! That is a great question and is definitely a very hot topic given our current economic and pandemic situation! California is a much different world in regards to employment law and regulations. You are correct, they are very employee friendly and have many protections for employees that the federal government does not require and many other states don’t observe. Here in Utah, we have seen many employers who are requiring their worker’s to utilize their home and personal services to conduct their work and many have created their own policies and budgets to cover such additional costs. However, we have not seen any legislation or case law on the topic either, that would require employers by law to cover such expenses. Here at YES, we are addressing these needs on a case-by-case basis, as we have employees working for numerous different clients throughout Utah which all have varying policies. If you are working at one of our client companies, please contact me directly to discuss at (801) 298-9377. If not, we would suggest contacting your local Labor Commission to discuss your situation and see what rights you may have. They are a great, free resource for employers and employees to help maneuver through local employment laws and regulations.
I understand that Utah does not require breaks/lunches be provided for those over 18. However, if your employer does offer an unpaid lunch, do you HAVE to take it? Would you be able to provide the law that states these guidelines?
Hey Jessica, thanks for reading our blog! You are correct that there is no federal or Utah law the requires an employer to give a meal or rest period unless required for a particular industry or group, such as the employment of minors or other industry requirements such as rest time for long haul CDL drivers, etc. Although meal and rest periods can be beneficial to all workers in numerous ways relating to productivity and employee health and safety, if you are an adult worker at a company without specific industry or age requirements, then an employer is not required to allow a break. However, if a company does offer an unpaid lunch, usually 20 minutes or more, they have the right to schedule that as they see fit which is often times dictated by their overall work schedule. Many companies plan meal periods around production needs and schedules or have to manage between departments or have inner departmental needs such as only being able to allow so many people on break at a time so they still have people on the clock and available for customers. There are also new and upcoming challenges presented when dealing with COVID-19 precautions, which has significantly changed the way businesses schedule and manage their workforce and meal periods. On the other hand, if an employee does not want to take the company approved and prescheduled rest or meal period, the employer may still choose to require it. An employer may be requiring breaks due to business necessity or impact (think productivity, safety, employee wellness, etc.), company wide policy that might reach outside of Utah into states that do require it, or due to industry or company health and safety initiatives that they’ve chosen to implement. Although an employer does have to pay employees for all time worked, they do not have to allow an employee to work during a scheduled meal period. Some employers, however, may have some flexibility and enforce it on a case by case basis, so we would suggest to have a conversation with your immediate supervisor to see what flexibility you have in working through your meal periods, or possibly request more information from your company’s human resource department which could give you some additional perspective on why they require it, or you are more than welcome to contact me directly if you are employed by us at one of our client companies and I’d be happy to help look into this further. In the meantime, here is a resource about federal and state meal and rest periods. Notice that nothing is listed for Utah because we observe federal law, and in the absence of any federal or local regulations on the matter, an employer is able to schedule and enforce meal periods at their own discretion, as long as they are not being discriminatory in doing so. I hope this helps! https://www.dol.gov/agencies/whd/state/meal-breaks
What do you do when an employee refuses to sign a warning letter?
Hey Lia, thanks for reading our blog! First and foremost, we would suggest reviewing your company’s policy on verbal and written warnings and the disciplinary process. If the company has a formal policy, there should be some information regarding the signing of written warnings or your HR department should be able to provide further guidance for how to proceed with an employee refusing to sign the letter. However, if your company does not have a formal policy but wanted to issue a written warning letter anyway, I would suggest to consider asking the employee to submit a signed rebuttal document instead. This would give them an opportunity to formally respond with any grievances they have with the warning letter and helps show that the employee did receive the letter and communication of the problem. If they refuse to do that as well, you then have to decide how you want to proceed, considering any policies the company may have in place or considering a precedent it may set for future disciplinary actions. A refusal to sign a disciplinary report doesn’t mean it didn’t happen, as some employees may think, but hopefully there is a witness present that can sign the warning with the supervisor or manager to support the record that it was communicated to the employee. Often times employees refuse to sign a report on disciplinary action because they do not agree with the information or timeline listed in the report. They are more likely to sign if the notices are presented and worded in the right way and provides information on how they can be successful moving forward. How an employer should respond to such a situation is completely up to the discretion of the company, but they should ensure they are not violating any local or federal employment laws or regulations in the process. Whether you’re the employee or employer in this case, we might suggest contacting your company’s HR department or legal counsel for more information on what’s expected or what you should do when there isn’t an existing policy on the matter. We hope this is helpful and wish you the best of luck!
Can my employer ”force” me to change positions to with a different position with different shift hours and job title if no one in my department “volunteers”? It sounds like they’re trying to avoid laying people off and paying for unemployment where I work. Someone also mentioned something about the managers avoiding asking the employees who have children. This sounds like discrimination as well.
Hey Em, thanks for reading our blog! Scheduling is quite a challenging task and each employer manages their workload and schedules very differently. If there is an employment contract between you and this employer, there might be further guidance or information on what you can expect in situations like this. If there is not an employment contract in place, then an employer may have the right to change the schedules and departments of their employees as they see fit. As an employee, you can inform them of a scheduling conflict you may have and attempt to work through the immediate scheduling need they have. However, each employer is able to manage their schedule as they see fit as long as it doesn’t violate any laws or regulations. Without further detail about the situation, it’s hard to say if their reasoning or technique is discriminatory, as it might simply be based off workforce needs and lack of volunteers, to where they start scheduling non-volunteers to cover the workplace needs with consideration to scheduling around individual’s personal needs such as childcare. We are unable to give legal advice in this regard, but if you are interested in finding out more about your rights in this situation, we would suggest contacting an employment attorney or the local Labor Commission to discuss in further detail.
I’ve been on FMLA for 12 weeks- Knee surgery and I am to return to work soon and my doctor has given me work restrictions, can my employer fire me because I am unable to do my job with these restrictions., such as lifting >10 lbs, standing > 1 hr etc?
Hey Robyn, thanks for reading our blog! The Family and Medical Leave Act (FMLA) protects qualifying employees from job loss during the 12 weeks of protected leave for a qualifying health condition. Once that leave has been exhausted during a 12-month timeframe, the employer may have the right to terminate employment. They may also reassess an employee’s fit for duty when returning to the position, but there are many job and skill factors to consider. Unfortunately, since we are not your employer we are unable to offer legal advice on this matter. For more information on your rights and responsibilities with regards to FMLA, you can review the paperwork provided by your employer or visit the U.S. Department of Labor’s site on FMLA found here – https://www.dol.gov/agencies/whd/fmla
You may also choose to contact an employment attorney or your local Labor Commission to discuss what is the best course of action in your particular situation. We wish you the best of luck with your recovery and hope you’re able to get back to work soon!
Question: As a server in the state of Utah, if when I signed on with the company and signed a paper with their tip polices for splitting tips with other bartenders, hosts, assistant servers and I don’t tip the way the paper said I had to. can I be written up for this? is it illegal to do this? Is this common to mandate what you have to tip a fellow employee?
Hey Karen, thanks for reading our blog! Generally speaking, employers may implement a mandatory tip pool as long as it complies with federal and state regulations. More information about the federal regulations regarding tipped employees can be found at the following link: https://www.dol.gov/agencies/whd/flsa/tips, but there might also be state regulations that employers must also adhere to as well, depending on where you live. We are a Utah based staffing agency and unfortunately are not legal representatives or employment attorneys so we are unable to offer any legal advice on this matter. However, if you are employed by us we’d be happy to discuss and look further into the details of the agreement that was signed. Please contact me directly at (801) 298-9377 if this is the case. If you are not employed by YES, we would suggest contacting your local labor commission or an employment attorney to discuss in more detail and determine your next best steps!
My daughter who just turned 18 works for a company who says they are not allowed to ask for days off. She’ll be going out of town and asked for 2 days off for her vacation. They ended up scheduling her anyway- knowing she wont be in town. Is it legal for them to say employees are “not allowed to ask for days off”? There’ got to be something to protect people from BS like this. I’m sure that when she returns, she wont have a job because of this pathetic attempt to control employees.
Hey Jo, thank you for reading our blog! There are multiple factors to consider about your question. First, we look at Federal law which only protects certain types of time off requests including time off to vote, Jury duty leave, Family and Medical Leave (FMLA), military leave, and potentially other types of medical leave. Each of these may require proof per company policy. We would then need to look at leave laws in the state where the employee works. Here in Utah, we tend to follow Federal law pretty closely. Other than any existing Federal or state regulations, time off requests are subject to individual company policies and practices to which may vary quite considerably. It would be important to look at the employer’s attendance and leave policy to see what requirements they have and how to manage one’s own schedule within those requirements. If an employee requests time off that is denied and they take the time off anyway, they may be subject to a warning, write-up, or they may anticipate employment termination depending on what the company policy is. Our suggestion is to first review company policy and then contact the local Labor Commission for more information or guidance if desired.
Can a employer require that a salaried manager in Utah not associate with an hourly employee outside of work? I have moved up to a manager at a nationwide chain restaurant and have been told that I cannot associate with hourly employees AT ALL. But I can associate with other managers. Is this legal? What about if we just run into the employees on our nights off?????? Are we forced to leave to protect our job???
Hi Candyman1379, thank you for reading our blog! Generally speaking, while an employer has the right to manage an employee’s on-duty conduct, they are legally more limited on how much control they have over an employee’s off-duty conduct. Employers are often times concerned about off-duty conduct because issues can arise when employees engage in social activities after hours, when they feel they can let loose or otherwise act inconsistent with policies when they are in the workplace. These concerns exist especially for those in managerial positions that have a higher level of responsibility and influence within the organization. Said employers are mostly concerned about any residual effects that carry over into the business. We could provide more context on potential residual effects, however, we are not legal representatives and cannot offer any legal advice on the matter. It would be important to understand any company policies and discuss any policy concerns with the company’s HR department, an employment attorney, or your local Labor Commission to better understand the legal implications of the policy or practice.
I hope you might be able to help me. While I was on my 2 week vacation from a busy hospital. I filed all papers for retirement for Oct. 16th. I gave my notice more than 2 weeks ago and Have found out today I am suspended because my boss said I did not go into take care of a patient for the full day which is incorrect. It makes little sense as I checked on her as much as she allowed me to. I also was in the room that day with the RN while she gave out medication. Boss said they have recording of me never going in her room at all. I asked to view the security footage for that day(here I might add it took her over ten days to be notified of this situation. She called me in her office about this) but she said I do not get access to those things. I am 67 and have been a CNA, PCT PSA at said job for 7 years. I believe my boss has wanted to get rid of this old lady. I can think of a lot of reasons she is doing this however,
I am worried I will not get my pension if she decides to fire me. Can this large healthcare company take my pension? I have been vested since year 5. Once I put in notice to retire from work am I not quitting my job? At- will state I can quit anytime right?
Hey Anna, thanks for reading our blog! We appreciate you reaching out for support and seeking help on your situation, however, we are not legal professionals or consultants and are unable to offer detailed advice on your situation since your not employed by YES. We currently do very little business in the medical industry and would hate to lead you in the wrong direction with such a touchy situation. Given the information that you have provided I can see how age discrimination could be perceived, however, there are always many moving pieces and factors that must be looked at in much more detail than we are able to provide in order to gauge what exactly is happening and what the next steps should be. This analysis should include looking at the details of any written employment agreements that may exist, how that might relate to existing company policies, what agreements this company has with their pension offerings and payouts, how that might relate to the type of termination that is occurring (such as resignation versus retirement versus involuntary termination), what objective evidence they may have to support a termination decision, and etc. In an At-Will employment state, an employee does have the right to quit any time so as long as there isn’t another employment agreement in place, but how this relates to benefit offerings and payouts may vary significantly. We would first suggest discussing this with your company’s HR department to gain perspective on their side of the situation and how benefit payouts work within that organization or also contacting them to put them on notice that you feel discrimination may be occurring. You may also want to consider reaching out to an employment attorney or the local Labor Commission to discuss your situation in more detail and gather legal advice or the next best steps in this matter.