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. If an employment contract specifying a time for employment is involved for your work arrangements, then employment is not "at will", and termination can only be done following the terms of the contract.

What are the Illegal Grounds for Terminating At Will Employment in Utah?

The most common illegal ground for terminating an Utah employee is discrimination. An employer cannot terminate an employee simply for being of a certain race, nationality, religion or gender. A Nibley employer also is prohibited from terminating at-will employees as a method of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.

Furthermore, according to the Family and Medical leave, employers are prohibited from firing employees who take leave for family or medical purposes. Lastly, employers cannot fire employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.

Do I Need a Utah Attorney for My Wrongful Termination Case?

A local Nibley, 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.