Utah Wrongful Termination Laws

Utah is an “at will” employment state, which means that employees have the right to end employment relationships for any reason, as do employers. However, that freedom is limited by federal laws which supersede that right in order to provide protections for the civil rights of those very employees. In addition, most states have enacted supplemental labor statutes to expand and refine the most common federal civil rights laws, such as the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. Within those laws are also legal measures by which employees can file claims or civil actions for remedies from employers who violate them.

Utah’s Specific Labor Laws

Utah’s supplemental labor laws provide specific protections for citizens in the workplace from the following violations:

Benefit	State Law	Additional Benefits
Right to Work	Yes
State Minimum Wage	Same as FLSA rate; applies to employers not covered by FLSA	Maximum tip credit, $3.02; minimum cash wage for tipped employee, $2.13
State Military Leave	Yes	Employees called to active duty in U.S. armed forces reserves, active duty training, inactive duty training, or state active duty, eligible for up to 5 years of unpaid leave; guaranteed reinstatement to same position, benefits, vacation, or seniority; discrimination or disqualification of applicants who are members of the state or federal national guard is prohibited
Jury Duty	Yes	Unpaid leave; employees cannot be required to use annual, sick, or vacation leave; threats or coercion are prohibited
Voting	Yes	Paid time off, if required; 2 hours off at beginning or end of shift; not required if employee has at least 3 nonwork hours when polls open; must be requested before election day
Garnishment	Yes	Employer fee, $10 for single garnishment and $25 for ongoing garnishment (child support only); discipline or penalties for any garnishment (child support) prohibited
State Family & Medical Leave	No
Arrest & Conviction Records	Yes	Employers not permitted to ask about arrests; employers are permitted to ask about convictions, but are advised not to unless relevant to job
Discrimination	Yes	For 15 or more employees; for age (40 or older); national origin; disability (follows federal law); AIDS/HIV; gender; pregnancy/childbirth; race; religion; genetic testing
Whistleblower	Yes	For public employees; employer cannot terminate, discriminate, or retaliate against employee for reporting violations
Plant Closings	Yes	For defense industry layoffs; workers may apply to Office of Job Training for assistance in retraining or reeducation for job skills in demand

*These laws change often, so consult local statutes for the most up-to-date information.

Utah Discrimination Laws

In order for Utah employees to take advantage of the state discrimination statutes, they must pursue relief within the following parameters:

In Utah, state agencies preempt the opportunity for employees to file private claims for discrimination and wrongful termination.
Once state agencies have had the opportunity to file claims or pursue remedies; an employee and their employee rights lawyer have the right to file private civil actions.
Employees do not have the right to recover attorney’s fees when winning discrimination claims or civil actions.
Employees and their legal representatives must be sure to file all claims or civil actions within the 180-day statute of limitations for discrimination violations.

Filing a Claim for Wrongful Termination

Within the guidelines laid down within state statutes, Utah employees must first pursue relief by filing claims through the state Anti-Discrimination and Labor Division of the Labor Commission. They generally pursue these claims through mediation first, and if that fails, then consider filing civil action in the courts. If they choose to drop the claim at any point, employees then have the right to pursue private civil actions.

Legal Remedies for Wrongful Termination

The primary remedies available to victims of discrimination and wrongful termination in the workplace include:

Reinstatement of benefits and position
Injunctive relief in the workplace
Compensation for stress and suffering
Punitive damages
Lost wages
Attorney’s fees and court costs

In addition to remedies for victims of discrimination, employers face penalties for violating state discrimination laws in some specific areas of employee rights:

Jury duty – criminal contempt, with fines of up to $500 and/or up to 6 months in jail; liable to employee for up to 6 weeks’ lost wages, attorney’s fees, and reinstatement

Garnishment – penalties relating to child support withholding; for noncompliance with support orders, liable for amount of garnishment or $1,000, whichever is greater, plus interest, legal costs, and attorney’s fees.

Whistleblower - civil fines of up to $500

The protections provided by federal and state discrimination and wrongful termination laws are powerful tools for protecting the civil rights of all citizens in the workforce. State anti-discrimination agencies are adept at filing claims when violations occur, but for the fullest protection, victims may need to consult an employee rights attorney to represent them and ensure that their rights are protected throughout the legal processes allowed under Utah regulations.

Local Resources

Anti-Discrimination and Labor Division