UTAH EMPLOYMENT LAW
In Utah, employment/labor law includes numerous matters related to the employee-employer relationship such as health and safety, wages and hours, wrongful termination, sexual harassment, disability law and hiring and termination practices. Employment complaints are handled by the Utah Labor Commission.
The advice of a Utah employment attorney is highly recommended in certain employment law cases. Discrimination, wrongful termination and sexual harassment are all complicated issues for which an employment attorney's counsel can be quite useful. In general, having an employment lawyer at your side to answer your questions and address your concerns is a good idea.
Why Hire A Utah Employment Attorney?
Federal and state laws interact to form the basis of Utah employment law. This interaction can often be complex and must be convincingly asserted and closely investigated to achieve a positive result. In addition to performing this research and arguing your case, a Utah employment lawyer can make sure your claim for wages is properly filed, structure your discrimination complaint, file your claim for wrongful termination, and help you decide if you want to pursue your claim, or if the claim is frivolous and pursuing such a claim would be unwise.
Wrongful termination cases can be particularly difficult for an employee to file because they require the employee to deal with his prior employer. As such, a Utah employment lawyer can be of great use in communicating with the employer and advising the employee on the best way to go about filing a claim.
If you wish to file a claim with the Utah Labor Commission, you should contact a Utah employment attorney who can help you understand the procedures required to do so.
Wrongful Termination in Utah
Employment is "at-will" in Utah. The "at will" employment doctrine provides that a worker can leave his employment at any time, and for any reason. Similarly, an employer can terminate an employee whenever he desires, for no reason, or for any reason, so long as his reason for termination is not illegal. But, if a worker has an employment contract, he generally cannot be fired unless his termination is based on a reason specified in his contract.
In Utah, wrongful termination claims can be submitted when an employee is illegally terminated. The following reasons for termination are considered illegal:
Discuss your case for wrongful termination, or any questions you may have with a Utah wrongful termination lawyer.
Federal law and Utah state law prohibit the termination of a worker because of a discriminatory reason. If, for example, an employee is sufficiently experienced for a position, but is fired because of his disability, or his age (if over 40), this termination is illegal and the worker has a claim for wrongful termination. Additionally, a worker may also file a claim for wrongful termination if the worker was fired because of her race, sex, national origin, religion, or because she is pregnant.
If you believe that you have been wrongfully terminated, be sure to contact a Utah wrongful termination lawyer to assist you in structuring and filing your claim.
Employee Wage/Hour Concerns in Utah
Since July 2009, the minimum wage in Utah has been $7.25 an hour. All non-exempt employees must be paid at least this amount. Employees in Utah must be paid at least twice a month.
Contact an Oregon employment attorney if your employer failed to pay your wages or did not pay you the appropriate amount of money. You may also file a "Wage Claim" with the Utah State Labor Commission, Wage Claim Unit.
Overtime (defined as all hours over 40 hours worked per week) work entitles you to time-and-a-half pay, as mandated by the Fair Labor Standards Act and enforced by the United States Department of Labor, Wage and Hour Division. Make sure that you discuss your claim for unpaid overtime pay with a Utah employment lawyer.
Utah Employment Benefits
Utah employers are generally not required to provide benefits (such as sick leave, life insurance, medical benefits, and/or paid vacation days) to their employees; nor do employers have to provide rest or meal breaks to their adult employees.
Utah disability law does not mandate that short term disability benefits be provided to workers who become ill or are injured outside of the workplace. Paid maternity leave is also not required under Utah law, though Utah workers may take up to 12 weeks of unpaid maternity leave as provided in the federal Family and Medical Leave Act (FMLA).
Utah disability law does cover workers' who have suffered workplace or work-related injuries of diseases. Some compensation is available for workers who have occupational illnesses or injuries depending on the kind of injury or disease. Speak to a Utah workers' compensation attorney if you have been injured or become ill and you think you have a right to file for workers' compensation benefits.
Utah Employment and Labor Law Statutes
Utah Code - Labor Laws
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