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!
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
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.
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.