Considerations When Terminating a Utah Employee
One of the more difficult aspects of being a Salt Lake City employer is the need to fire an employee who is not performing. How a particular employee will react varies, but Utah employers must be cognizant that certain issues surrounding an employee termination might trigger employer liability.
In Utah, the employment relationship is presumed to be "at-will." Under at-will employment, an employee may be terminated for any reason or no reason at all, with or without notice and with or without cause. However, there are some exceptions to the at-will presumption. An employer can agree to different terms for firing pursuant to a contract, or by express or implied conduct. In addition, numerous federal and state laws prohibit termination or adverse employment actions for various reasons, including discrimination (race, national origin, color, age, gender, sex, religion and disability), for exercising certain rights or engaging in activities protected by public policy, for exercising right to leave time, for blowing the whistle on illegal conduct or other similar reasons.
Discrimination
Several federal laws prevent discrimination in the workplace, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and the Age Discrimination in Employment Act. Utah's Antidiscrimination Act of 1965 also prevents discrimination in the workplace. These federal and state laws prohibit employers from firing an employee based on race, color, national origin, gender, religion, age, disability, and pregnancy, childbirth or conditions related to pregnancy and childbirth.
In addition to prohibiting discrimination, Employers cannot fire an employee when the employee engages in a "protected activity." In other words, an employer cannot retaliate against an employee for engaging in protected activity. Some examples of activities protected by public policy include:
- Complaining of discrimination in the workplace;
- Assisting or cooperating with any proceeding related to a claim of discrimination;
- Filing a charge of discrimination with a federal (EEOC) or state (UALD) agency.
If an employee in Utah believes he or she was discriminated against, the employee may contact the Utah Labor Commission, Antidiscrimination & Labor Division (UALD), or the U.S. Equal Employment Opportunity Commission (EEOC). The employer might then become the subject of an investigation.
Employers must exercise caution when firing an employee in order to avoid future legal allegations of wrongful termination by the angry past worker. When considering terminating an employee a Salt Lake City employment law attorney can provide valuable guidance and reduce the risk of a subsequent government investigation or civil lawsuit.
If you have questions or issues concerning the circumstances of your termination, or need guidance on properly terminating an employee, you should contact an employment attorney familiar with employment law.
