The majority of employment relationships in Utah fall into the category of "at-will" employment. This type of setup means that either employer or the employee is free to end the employment at any time they desire. In "at will" employment, the only general exception is that the reasons for termination must not be illegal or in violation of the law.
Employment that does not fall into the category of "at will" is not subject to the same restrictions. Therefore, it is important that you identify what type of employment arrangement you are involved in. Generally, if your employment arrangement was for a set term, it is not "at will", and the employment can only be terminated according to procedure contained in the contract.
What are the Illegal Grounds for Terminating At Will Employment in Utah?
In an Utah at-will employment, discrimination is the most common illegal ground for terminating an employee. Termination by an employer cannot be done on the basis of race, nationality, gender, or religion. Employers in Clearfield may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or prompted an investigation into discrimination.
Also, employers are prohibited by the Family and Medical Leave act from firing those employees who take leave in order to address family or medical concerns. Lastly, employees are protected from being fired by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.
Do I Need a Utah Attorney for My Wrongful Termination Case?
A local Clearfield, Utah attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.