Frequently Asked Questions

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

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 ongoing harassment making work intolerable),

and retaliation for reporting issues. To prove discrimination, show you’re in a protected group,

faced harm at work because of it, and it affected your job. File a charge with Utah’s UALD

(within 180 days) or the EEOC (300 days), followed by mediation or investigation. If

unresolved, you get a “Right to Sue” letter to file a lawsuit within 90 days. Gather evidence like

emails, witness statements, or notes to strengthen your case. Damages for emotional distress or

punishment are capped based on employer size: $50,000 (15–100 employees) to $300,000 (501+

employees). Act fast—time limits are strict! Contact the EEOC, UALD, or a lawyer for help.

Questions? Read more about Title VII 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. 

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 ADEA here. 

The Americans with Disabilities Act (ADA) is a federal law passed in 1990 and updated in 2008.

It 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.

Questions? Read more about ADA 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 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, show 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. Winning

means back pay, extra damages, and fixes to unfair practices.

The Fair Labor Standards Act (FLSA) is a U.S. federal law from 1938 that sets basic rules for

pay and working conditions. It helps make sure workers get fair pay and safe jobs. If an

employer breaks these rules, workers can file a claim to get what they're owed, like back pay or

extra compensation. Below, we'll explain FLSA claims in simple terms, including what they are,

who they apply to, how to prove them, the steps to file one, and what proof you might need.

Questions? Read more about FLSA 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.

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. 

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. To win, prove you worked there, 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. 

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.