Can I fire employees for reasons other than poor performance in Utah? What are the requirements?

Can I fire employees for reasons other than poor performance in Utah? What are the requirements?

Yes, you can fire employees for reasons other than poor performance in Utah, but there are requirements that must be followed.

According to UTCO 53G-11-513, a district shall provide employees with a written statement specifying the causes under which a career or provisional employee’s contract may be terminated during the contract term. The district shall give written notice of the intent to the employee at least 30 days prior to the proposed date of termination, and the notice shall state the date of termination and the detailed reasons for termination. The notice shall advise the employee that they have a right to a fair hearing and that the hearing is waived if it is not requested within 15 days after the notice of termination was either personally delivered or mailed to the employee’s most recent address shown on the district’s personnel records. The notice shall state that failure of the employee to request a hearing in accordance with procedures set forth in the notice constitutes a waiver of that right and that the district may then proceed with termination without further notice.

However, it is important to note that discriminatory or prohibited employment practices are not allowed in Utah, as stated in UTCO 63A-17-104.

Additionally, UTCO 53G-11-516 prohibits the use of a last-hired, first-fired layoff policy when terminating school district employees. A school district may consider the results of an employee’s performance evaluation and a school’s personnel needs when terminating a school district employee.

Finally, abusive conduct in the workplace is prohibited in Utah, as stated in UTCO 67-26-203. Covered employers, including the judicial branch and higher education entities, are required to provide annual training to all covered employees on abusive conduct in the workplace and implement a policy prohibiting, and for reporting and resolving, abusive conduct within the organization.

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Source(s):

• [2.1] Restriction on transfer of employee with unsatisfactory performance. (Effective 1/24/2018)
• [3.1] Performance Evaluation.
• [2.3] Dismissal procedures. (Effective 1/24/2018)
• [5.1] Abusive conduct – Training – Policy. (Effective 7/1/2020)
• [2.5] Necessary staff reduction not precluded – Last-hired, first-fired layoffs prohibited. (Effective 1/24/2018)

Jurisdiction

Utah

• Labor