Can I terminate employees without violating employment laws in Utah? What are the requirements?

Requirements for Terminating Employees in Utah

In Utah, employers must comply with certain requirements when terminating employees to avoid violating employment laws. The following are the requirements for terminating employees in Utah:

1. Employment without limitation of time: Except as provided in Subsection (1)(b) or (2) of UTCO 10-3-1105, each employee of a municipality shall hold employment without limitation of time, being subject to discharge, suspension of over two days without pay, or involuntary transfer to a position with less remuneration only as provided in Section 10-3-1106.
2. Exceptions to employment without limitation of time: Subsection (1)(a) of UTCO 10-3-1105 does not apply to an employee who is discharged or involuntarily transferred to a position with less remuneration if the discharge or involuntary transfer is the result of a layoff or reorganization. Subsection (1)(a) of UTCO 10-3-1105 also does not apply to certain employees listed in Subsections (2)(a) through (e) of the same section.
3. Prohibition of retaliatory action: Employers may not take retaliatory action against an employee because the employee, or a person authorized to act on behalf of the employee, communicates in good faith the waste or misuse of public funds, property, or manpower, a violation or suspected violation of a law, rule, or regulation adopted under the law of this state, a political subdivision of this state, or any recognized entity of the United States, or gross mismanagement, abuse of authority, or unethical conduct as it relates to a state government employer, as provided in UTCO 67-21-3.
4. Abusive conduct: Employers must provide and maintain a work environment free from abusive conduct, as recognized and provided in Section 67-26-201 ^[3.2]. Abusive conduct means verbal, nonverbal, or physical conduct of a covered employee to another covered employee of the same covered employer that, based on the severity, nature, or frequency of the conduct, a reasonable person would determine: (i) is intended to cause intimidation, humiliation, or unwarranted distress; (ii) results in substantial physical harm or substantial psychological harm as a result of intimidation, humiliation, or unwarranted distress; or (iii) exploits a covered employee’s known physical or psychological disability ^[2.1].
5. Transfer of employees: At any point during the grievance process, the employer and the employee may mutually agree to a transfer of the employee to another equivalent position, if and to the extent that such a position is available, in accordance with division rules for transfer and reassignment ^[3.1].

Conclusion

In summary, employers in Utah must comply with the requirements for terminating employees without violating employment laws. These requirements include employment without limitation of time, exceptions to employment without limitation of time, prohibition of retaliatory action, providing and maintaining a work environment free from abusive conduct, and transfer of employees. It is important for employers to understand and follow these requirements to avoid legal issues.

Source(s):

• [2.1] Abusive conduct – Training – Policy. (Effective 7/1/2020)
• [3.1] Employment transfer. (Effective 7/1/2021)
• [3.2] Work environment policy. (Effective 7/1/2020)

Jurisdiction

Utah

• Labor