Utah Employment Lawyer
You shouldn't have to look over your shoulder at work. Your place of employment should be a safe and comfortable environment in which you have the opportunities to succeed. Unfortunately, some employers subject their employees to unfair, discriminatory, unethical, and unlawful behavior that can create hostile work environments and hinder workplace opportunities. We depend on our jobs to pay bills, put food on our tables, and take care of our families, making the impact of unscrupulous employer practices detrimental to financial and emotional wellbeing. Andrus Law Firm exists to help employees take back their careers and futures. If your financial wellbeing is at stake, your business is on the line, or your integrity and reputation are being dragged through the mud, contact our employment lawyer in Utah at 801-535-4645, or fill out the contact form below to request a confidential consultation with us. We'll stand by your side and fight for your legally protected rights.
What Employment Law Cases Do We Take?
Unreasonable, discriminatory, and downright wrongful practices against employees can take many forms. Andrus Law Firm fights for employee rights on the following fronts:
- Sexual harassment
- Hostile work environment
- Wrongful termination
- Employment contracts
- Executive compensation packages
- Severance agreements
- Wage and hour disputes
- Non-compete and nonsolicitation agreements
- Union-related concerns
- Denial of leave
- Family and Medical Leave Act
- Americans with Disabilities Act
- Reemployment Rights Act
- Whistleblower laws, etc.
Many times employees in these situations fear speaking out against their employers for fear of retaliation and are often unaware of their legally protected rights in the workplace. Randy and his team at Andrus Law Firm have decades of experience fighting for the rights of employees across Utah. If you've been a victim of unfair or illegal treatment at work, our employment lawyer can help you get the justice you deserve. On this page, we'll walk through a few different examples of the types of employment law cases we represent at Andrus Law Firm.
Have you recently been fired or laid off? Your employer may not have grounds to terminate your employment. Depending on your employee contact, there may be provisions barring your termination under certain circumstances and without justifiable reason from your employer. If you are a government employee, you may also be protected from termination, as government employers must adhere to due process when terminating workers.
If you are a private-sector employee, you are likely employed at will, meaning your employer does not automatically have to follow any guidelines or cite any specific reasons for your termination. However, in Utah, there are legal exceptions and protections for even at-will employees in certain situations. In Utah, at-will employees cannot be fired based on a number of public policy reasons such as for being called to jury duty, after refusing to participate in illegal activities, after an injury at work, for reporting an employer's unlawful conduct, or for filing a worker's compensation claim.
Many workers were terminated during the economic downturn brought on by COVID-19. If you were let go during the pandemic, depending on the reason for your dismissal, you may have been wrongfully terminated. Some examples of wrongful terminations amid the pandemic include:
- Being let go because you refused to work due to reasonable concerns that your health and life were at risk, or reasonable concern regarding unsafe working conditions
- Being fired for taking family or medical leave as outlined by state or federal law, including the Families First Coronavirus Response Act (FFCRA) or the Family and Medical Leave Act (FMLA)
- Being fired because of your age or pre-existing condition, which made you more vulnerable and susceptible to the virus
- Being dismissed for filing a Worker's Compensation Benefits for Coronavirus Claim
- Being terminated in retaliation for your reporting of unsafe working environments, like an employer's failure or inadequate utilization of personal protective equipment (PPE), insufficient social-distancing requirements, or lack of proper cleaning of the working environment
If you have been terminated for any of these reasons, it's time to contact Andrus Law Firm's employment lawyer in Utah.
Overtime and Minimum Wage Requirements
There are laws that protect your earnings. It is illegal for an employer to make deductions to paychecks without the permission of the worker, withhold paychecks, or (in many cases) deny overtime pay. Employers are also required to compensate workers in a timely manner. If you have been denied pay, had paychecks garnished by your employer, or your employer has fallen behind on payments, your rights as an employee are being violated.
Filing a wage claim may be your next step to receiving the money you've earned from your employer. If you're experiencing any of the following, contact a labor lawyer to discuss your legal options:
- You're being paid less than the minimum wage of $7.25
- Your employer has withheld payment for hours worked, which includes time spent on site for training and meetings
- Your employer has not provided you paystubs with correct information, including your earnings and deductions for each pay period
- Your employer has withheld or garnished your wages without your permission or a court order mandating/approving the garnishment
- Your employer has tried to coerce you into returning earned wages
- Your employer failed to maintain a regular, set pay schedule, paying hourly employees fewer than two times monthly or paying salaried workers fewer than one time monthly
- Refused to pay overtime at a minimum of 1.5 times the hourly rate, violating the Fair Labor Standards Act (FLSA)
If any of the situations listed above have happened to you, call us today at 801-535-4645.
Workplace Discrimination and Retaliation
Workplace discrimination and retaliation violate federal and Utah state law. Many forms of discrimination are legally recognized including on the basis of:
- Religious Beliefs
- Political Beliefs
- Sexual Orientation
If you have been treated unfairly due to any of the above reasons impacting your compensation, hiring, promotions, termination, etc, your employer may be violating federal and state laws that protect you from workplace discrimination. Utah Code § 34A-5-106; Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2(a).
If you are contemplating reporting discrimination, an employment lawyer in Utah can help you protect yourself amid the process, ensuring that employers follow appropriate guidelines and take appropriate and timely measures to resolve the situation. Know that any kind of employer retaliation against you after reporting discrimination is unlawful.
Note that no Utah state law prohibits employers from retaliating against you if you choose to only report the incident internally. To protect yourself, it's advisable to consult an attorney to identify the correct external organization to report to before you take any internal actions.
When you have made or participate in the making of an official complaint or in an investigation against your place of employment, it is illegal for your employer to terminate you, discipline you, reprimand you, heighten scrutiny, demote you, transfer you to or from accounts, positions, projects as a means of punishment, harass or abuse you, libel or slander you, provide you with unfair employee evaluations, threaten or harm you, or make your job harder.
Tragically, companies don't always do the right thing. Not only is seeing your employer participate in illegal and immoral activities disheartening, but it can also be frightening to speak out against them. Employees have an ethical and, many times, legal obligation to report unlawful activities by their employers. Know that whether you report illegal activities internally or to an outside government organization, the actions you take throughout the process could impact your rights. As such, it's important to speak with a labor lawyer as early in the process as possible.
If you decide to blow the whistle on your employer, your lawyer will walk you through your legal options, help you identify the appropriate agency to report the misconduct, and help protect you from retaliation going forward.
Consult an Employment Lawyer in Utah
If you have employment law questions or have been subjected to any of the unlawful circumstances described on this page, know that you're not in this alone. Unlawful workplace issues are serious matters, and Andrus Law Firm is on your side. You have rights as an employer, and if you believe those rights have been violated, give us a call today at 801-535-4645, or fill out the convenient contact form on this page. With decades of trusted legal experience, our labor law team is ready to help you get your life, career, and financial future back on track.