Employers in Utah are required to comply with several employment laws when they decide to terminate one of their employees. For example, employers cannot let an employee go because he or she practices a certain religion or if that person becomes pregnant. When employers fail to follow these laws, their actions can be considered illegal, and their employee has the right to take legal action against them.
At-Will Employment in Utah
Similar to many other states in the U.S., Utah is an at-will employment state. Under these laws, employers can fire an employee for any reason or for no reason at all and at any time. However, these laws do not apply in situations where an employment contract exists or if there are other statutes that govern the termination process. There are also critical exceptions to at-will employment law that can have an impact on when or if employers can move forward with letting an employee go.
Wrongful Termination in Utah
Employers who fail to follow at-will employment exceptions violate employment laws in the state and may find themselves involved in a lawsuit. In cases where an employee takes legal action against his or her employer, that person may be able to collect several different types of compensation if his or her case is successful. For instance, in employment law-related cases, an employee may be awarded front pay, back pay, reimbursement for attorney fees and punitive damages. The employee may also be able to go back to the position he or she was terminated from.
Breach of Contract: Employers who establish an employment contract with an employee are not subject to Utah’s at-will employment laws. In addition to recognizing written contracts, the state also recognizes implied employment contracts based on oral agreements, any statements that are outlined in an employee handbook and any action displayed by employers that illustrate their intention to not fire at will. For instance, employers might have an implied contract if they promise an employee that as long as he or she performs well, he or she will remain employed. Employers who terminate an employee without good cause when an employment contract is in place may face legal action on behalf of the terminated worker.
Discrimination: Most wrongful termination cases develop when discrimination is involved. In Utah, employers are not allowed to terminate an employee based on national origin, race, color, sex, religion, pregnancy, disability or age. They are also not permitted to terminate an employee based on HIV or AIDS status, genetic information, sexual orientation or gender identity. All employers in the state are required to comply with these laws if they have at least 15 employees.
Retaliation: Employment laws in Utah make it illegal for employers to retaliate against an employee when he or she asserts his or her rights as a worker. For instance, if an employee files a complaint with HR on the basis that he or she was passed over for a raise because of his or her age, the worker’s employer is not allowed to discipline or fire the employee for this action. Employers in the state are also not allowed to retaliate against an employee if he or she participates in the investigation of a discrimination complaint, regardless of who filed the initial complaint, or if that employee put forth effort to stop discriminatory practices in the workplace.
Public Policy: In Utah, employers are not allowed to terminate an employee when he or she exercises his or her right to meet civic obligations and certain personal responsibilities. For instance, employers are required to provide their employees with unpaid leave when they are summoned for jury duty. Employers who either penalize or terminate their employees who fulfill this public duty may be subject to a wrongful termination lawsuit.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.