At-Will-Employment

At-Will Employment in Utah

Employment in Utah is generally "at-will." This means that an employer can fire an at-will employee without cause and without notice. This is true even when the employer has no good reason to fire the employee. Likewise, an at-will employee can quit at any time without giving any notice.

Utah recognizes three exceptions to the at-will rule: (1) when firing the employee violates clear public policy; (2) when a contract or an implied contract only allows the employer to fire someone when there is a good reason to do so; or (3) the law restricts the employer's right to fire employees.

Utah courts have identified only a few circumstances where firing an employee violates the public policy. Employers are prohibited from firing an employee for:

• refusing to commit an illegal or wrongful act;
• performing a public obligation;
• exercising a legal right or privilege (this includes making a workers compensation claim); and,
• reporting an employer's criminal activities to the appropriate authorities.

A few employees have written contracts that prevent their employers from firing them unless the employer has a good reason to do so. If an employer makes spoken or written assurances of job security, those promises may prevent the employer from firing the employee without cause. The employee will still need to prove that the employer made the promises. That usually means that somone other than the employee witnessed the promises being made. If this employer circulates a handbook that says the employees are "at-will" employees, then the employer may still fire the employee without good cause.

There are several laws that limit an employer's ability to fire employees. A partial list includes restrictions preventing employers from firing employees because of the employee's:

• Race or National Origin;
• Sex;
• Religion;
• Pregnancy;
• Disability;
• Age;
• Genetic History;
• Reporting Discrimination, Unsafe Working Conditions, or Harassment;

Please note that this information is not intended to be specific legal advice or a substitute for advice from competent legal counsel. This is a general overview of the law for informational purposes only. You should consider obtaining competent legal counsel to assist you in making any major decisions about your employment rights and responsibilities and to represent you in any actions that you may take as a result of the Act.