Workers wrongfully fired from jobs typically suffer negative and unfair financial consequences that push them to seek compensation legally. After being wrongfully fired, an employee should analyze the reason for termination to determine if it was unlawful. Wrongful termination in Utah justifies a fired employee to take action and ask for reparations.
Employees wrongfully terminated from jobs will need to pinpoint the discriminatory or retaliatory action that occurred. Learning what is a wrongful termination and how to pursue charges in a court of law is important for dismissed workers who want to take action. Wrongfully terminated employees may not know how to pursue a case or the next steps. Learning how to pursue a wrongful dismissal in Utah and the case filing procedure will help terminated employees to seek their deserved reparations.
To learn more about unlawful termination and how to submit a claim, examine the sections below:
- Types of illegal termination in Utah
- Types of legal termination in Utah
- At-will employment exceptions in Utah
- File a discrimination charge with the Equal Employment Opportunity Commission in Utah
- File a lawsuit against your employer in Utah
Utah Unemployment Resources
Types of Illegal Termination in Utah
Types of illegal dismissal of employment in UT are usually a discriminatory or ill-intended termination of an employee. These types of unlawful terminations can include letting an employee go because of his or her race, religion, age, gender or current pregnancy status. Other types of unlawful terminations from employment that involve discrimination are firing an employee due to veteran status, nationality or mental and physical disability.
Retaliatory or ill-intended types of illegal terminations in Utah can occur when an employer sets out to terminate an employee because of an open legal claim or the awarding of benefits to the worker. These types of illegal firing happen when an employee’s termination is due to an unfair working condition claim filed against the employer, or for receiving worker’s compensation benefits. When employers commit one of these types of illegal terminations of employment, the worker can choose to pursue a claim because there is a cause of action.
Types of Legal Termination in Utah
Employees should review the types of legal termination of employment in Utah before initiating a discrimination or retaliation claim. These types of legal firing hold no grounds for terminated workers to seek legal action against employers because there was no violation of the law. Types of legal termination in Utah can include a poor job performance by an employee or the expiration of the worker’s contract. Additional types of legal dismissal of employment may occur when a business closes its doors indefinitely or there are layoffs within a company’s workforce. These legal reasons for terminating employees in Utah make claims and lawsuits ineligible for pursuit by dismissed employees, since the firings were not against the law.
At-Will Employment Exceptions in Utah
Three main exceptions to at-will employment exist in the nation, which each state may or may not recognize. This prompts residents to ask, “Is Utah an at-will state and how does it affect wrongful termination claims?” Aside from the at will employment exceptions in Utah, the state recognizes at-will employment agreements.
“What is employment at will and what are the exceptions in Utah?” The at-will employment law confirms that the working relationship between all employers and their workers is at-will, meaning either party can terminate at any time, for any reason that is lawful. At will employment exceptions in Utah include:
- The implied-contract exception: No employer can fire an employee if a contract is in place, even if it is not in writing
- The public-policy exception: An employer cannot terminate an employee if it directly violates public policy
- The covenant of good faith and fair dealing exception: Employers need to treat employees fairly and with the best intentions
File a Discrimination Charge With the Equal Employment Opportunity Commission in Utah
If you decide to file a wrongful termination discrimination charge, your first step is submitting a claim to the Equal Employment Opportunity Commission (EEOC) within 180 days of the illegal action. The process for how to file an EEOC employment discrimination charge starts with giving details of your experience to the Phoenix district office, either by phone, online or by mail. Following the procedure for how to file a charge of employment discrimination, you will find there are several options for settlement the EEOC may take.
After filing a charge of discrimination in Utah, the EEOC may decide to reject your claim if they do not discover a law broken or if you filed after the deadline. The EEOC may attempt to settle the claim through a mediation program between both parties, which can take approximately three months. If the EEOC does not recommend mediation or it ends inconclusively, the agency will attempt to start an investigation. If after you file a wrongful termination discrimination charge the EEOC cannot find an employment violation during the investigation, they may issue you a Notice of Right to Sue. However, if they discover a violation they may attempt a voluntary settlement between from your former employer, taking an average of 10 months to complete. After settlement attempts fail, the agency may pursue a lawsuit on your behalf or issue you a Notice of Right to Sue your former employer in a court of law.
File a Lawsuit Against Your Employer in Utah
You may opt to file a lawsuit against employers for wrongful termination once you receive the Notice of Right to Sue by the EEOC. When considering the specifics for how to file a wrongful termination lawsuit, you will find that it is your responsibility to prove your claim through the presentation of substantial evidence in court. When suing for wrongful termination in Utah, you must have a clear account of the discrimination or retaliation used in your firing.
Can I file a lawsuit for wrongful termination and win the compensation I am seeking? Before filing a wrongful termination claim against an employer, start to gather important evidence, such as documentation and testimonials from witnesses. When you file a lawsuit against your employer in Utah, you may also want to consider hiring a lawyer to assist you with the intricacies of your case.