Frequently Asked Questions

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Facing unfair treatment at work because of your race, gender, religion, or other protected class?

Title VII, part of the 1964 Civil Rights Act, protects you from discrimination if your employer

has 15 or more employees. It covers direct discrimination (like being fired or paid less due to

your traits), hostile work environments (severe or repeated harassment making work intolerable),

and retaliation for reporting discrimination. The discrimination or harassment MUST be because of your protected class (race, gender, religion, etc.).You must file a charge with Utah’s UALD (within 180 days) or the EEOC (300 days), followed by mediation or investigation. Act fast—time limits are strict! Contact the EEOC, UALD, or a lawyer for help.

Questions? Read more about Title VII here. 

The Americans with Disabilities Act (ADA) is a federal law that protects people with disabilities from unfair treatment in many areas of life, including jobs. The ADA, and Utah’s anti-discrimination statute, makes it illegal for employers with 15 or more employees to discriminate against qualified individuals with disabilities in hiring, firing, promotions, pay, or other job conditions. A disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Employers must provide reasonable accommodations unless it causes undue hardship to the employer.

Questions? Read more about ADA here. 

The Age Discrimination in Employment Act (ADEA) protects workers aged 40+ from unfair treatment at work due to their age, covering hiring, firing, promotions, and workplace harassment. It applies to businesses with 20+ employees. To prove a claim, show you’re over 40, qualified, faced negative treatment, and age was a factor. File a complaint with the EEOC within 300 days (or 180 days in states like Utah). Gather evidence like work documents, witness statements, or records of age-related comments to support your case.

Questions? Read more about ADEA here. 

The Fair Labor Standards Act (FLSA) ensures fair pay and working conditions by setting rules

for minimum wage, overtime, child labor, and recordkeeping. Workers can file claims for issues like unpaid wages (e.g., getting $6 instead of $7.25/hour), missing overtime for hours over 40, illegal child work, or retaliation for reporting issues. It covers public employers and most businesses with $500,000+ in sales or interstate work, and non-exempt employees (like hourly workers, unlike managers or professionals). To prove a claim, collect evidence like pay stubs or schedules proving the violation. File with the U.S. Department of Labor or sue in court within 2-3 years. You can recover 2-3  years of back pay, extra damages, and require the employer to correct unfair practices.

Questions? Read more about FLSA here. 

In Utah, tipped workers like servers or bartenders can file a wage claim if their employer mishandles tips or pays less than the $7.25/hour minimum wage (including tips). Claims apply to businesses like restaurants that use tip sharing or tip credits. Collect evidence of your employment, the employer broke tip/wage rules, and how much you're owed. File a free claim with the Utah Labor Commission, submit proof like pay stubs or tip logs, and follow their process (investigation, decision, possible hearing). Gather evidence like pay records or coworker statements to back your case.

Questions? Read more about Utah Tip Wage and Tip Sharing here. 

Utah's Payment of Wages Act (UPWA), found in Utah Code Title 34, Chapter 28, protects workers by requiring timely wage payments—semi-monthly or sooner, with final checks due within 24 hours of termination—and banning unauthorized deductions or retaliation for complaints. It applies to most employees and employers (excluding independent contractors and some public workers), allowing claims for unpaid wages, delays, or disputes via the Labor Commission (for up to $10,000) or court. Prove your case with records like pay stubs and time sheets to recover wages, penalties, and fees—file within 1 year to safeguard your earnings. Written demand for wages must be made within 60 days of termination/resignation to recover additional penalties.

Questions? Read more about UPWA here.  

Wrongful Termination in Utah: In Utah, most jobs are "at-will," meaning you can be fired for almost any reason. However, you can't be fired for reasons that violate strong public policies, like refusing to break the law, doing jury duty, using legal rights (e.g., workers' compensation), or reporting employer crimes. To win a claim, you must prove you were fired for these reasons, with evidence like emails, witness statements, or laws. File a lawsuit within 3-4 years, depending on the case. If you win, you could get back pay, emotional distress damages, or your job back. Consult a lawyer to pursue this complex claim.

Questions? Read more about Wrongful Termination in Violation of Public Policy here. 

Section 1983 lets public sector workers sue state or local government employers for violating their constitutional rights, like free speech or equal treatment. Examples include being fired for speaking out or facing discrimination. To win, you must prove a government official or policy caused the violation and harmed you. File the lawsuit in court within four years in Utah, gathering evidence like documents, witness statements, or photos. Successful claims can lead to compensation or changes in workplace practices. 

Questions? Read more about Section 1983 here. 

If you win your claim, the court can award different types of compensation or fixes to make up

for the harm caused by the unlawful discrimination, harassment, or termination. These are meant

to help you recover financially and emotionally, and sometimes to punish the employer for bad

behavior. Here's a breakdown in simple terms:

• Back Pay: Money for the wages you lost from the time you were fired until the court decision. This includes what you would have earned if you hadn't been let go.
• Front Pay (Future Wages): Compensation for lost earnings in the future if getting your job back isn't possible or practical. This helps cover the time it might take to find a similar job. Courts do not award many years of front pay because such damages are too uncertain. Front pay is generally limited to roughly 2 years for employment claims.
• Emotional Distress Damages: Money for the mental or emotional pain caused by the firing, like stress, anxiety, or humiliation, and costs for medical treatment or counseling. You'll need to show how the mistreatment affected your life.
• Punitive Damages: Extra money awarded to punish the employer if their actions were especially harmful, reckless, or malicious. This is not always given and depends on how bad the behavior was. Punitive damages are not available against government employers.  
• Reinstatement: Getting your old job back, if you want it and it's feasible. This puts you back in your position as if the firing never happened. 
• Attorneys' Fees: Help covering your legal costs, including lawyer fees, so pursuing the claim doesn't leave you out of pocket. 

The exact amount or type of remedy depends on your specific situation, like how long you were out of work or the strength of your evidence. A judge or jury decides based on the facts presented in each case. 

Utah is an at-will employment state, which means that, in the absence of a written employment

agreement or a collective bargaining agreement, either the employer or employee may terminate

employment for any reason or no reason that is not prohibited by state or federal law.

Examples of state and federal laws that prohibit termination are anti-discrimination or anti-

retaliation statutes, workplace safety statutes, or whistleblower statutes.

Utah law also recognizes a claim for wrongful termination in violation of public policy when an

employee's termination clearly violates public policy. Examples of this include if an employer

terminates your employment for voting, or going to jury duty, or filing a workers’ compensation

claim.

If you think your employment was improperly terminated, talk to a lawyer as soon as possible

because some of the deadlines to take legal action are as short at 30 days after termination.