Utah Employment Law

One of the most common calls we receive is from potential clients who have recently been terminated from their employment.  Many of them want to know under what circumstances can they file a law suit against their employer for wrongful termination.  This is one of the most difficult areas of law, because the laws in Utah favor the employer in many of these situations.

Under Utah law, all employment relationships entered into for an indefinite period of time are presumed to be "at-will."  This means that either the employer or the employee may terminate the employment for any, or really for no reason, except under a few circumstances where it is prohibited by law.  Any decision by an employer to terminate an employee is presumed to be valid, unless and employee can show  that one of the following exists:

(1) that there is an implied or express agreement that the employment may be terminated only for cause upon satisfaction; 
     At times an employer and an employee will have a contract between them that contains a provision wherein an employer only has the ability to terminate and employee for cause or if certain conditions are met.  Often times this will be in the form of a signed contract, but could also be in the form of an employee handbook.  If the employer breaches the terms of the employment contract an employee may be able to bring a cause of action for wrongful termination.


(2) that a statute or regulation restricts the right of an employer to terminate an employee under certain conditions; 
     Under certain circumstances an employer may be statutorily prohibited from terminating an employee under certain conditions.  There are several statutes and regulations that govern employers.  If you believe that your employer has violated a statutory or regulatory restriction you may also have a case for wrongful termination.
 -or -


(3) that the termination of the employment constitutes a violation of a clear and substantial public policy.
     The final way to overcome the presumption that the termination was valid is to show that it was in violation of a public policy.  A public policy pertains to the exercise of a particular legal right or privilege.  The law requires that the public policy be both clear and substantial.  What that means is that the policy is one of "overarching importance" to the public as opposed to the just the parties involved, and that the public interest in the policy is so strong that the court will hold it "beyond the reach of contract."  The Courts have placed these into five categories or examples; (a) refusing to commit an illegal or wrongful act, (b) performing a public obligation, i.e. jury duty, (c) exercising a legal right or privilege, such as filing a workers' compensation claim, (d) reporting to a public authority criminal activity of the employer, or (e) discrimination.

If you believe that you have been wrongfully terminated from your employment, it is important that you discuss your options with an attorney.  If you have questions about your situation please feel free to call us at (435)753-4775 and schedule a free consultation  with one of our attorneys.