Utah Termination

“Employment-at-will” states that an employer in Utah can terminate an employee at any given time for any reason, upon any less condition other than a law or a signed contract states otherwise. The following are examples for limitations on an “employment-at-will” : collective bargaining agreement, individual employment contact, and a federal or state law may place limitations on at at-will relationship.

Although, Utah courts generally follow rules to the presumption of at-will employment, there are a some of legal and acknowledged common law exceptions to this rule.

Garnishment. No employer will discharge an employee because their earnings have been enhanced in connection with a judgment (UT Code Sec. 70C-7-104).

Genetic testing. Under Utah’s Genetic Testing Privacy Act, about hiring, promoting, or accommodating an individual, an employer may not:

• Access or take into application private genetic information about the employee;
• Request or require an of an employee’s blood to submit to a genetic test;
• Request or require an individual to consent to a release for accessing private genetic information; or
• Inquire into an individual's taking or refusing to take a genetic test (UT Code Sec. 26-45-103).

Internet privacy. Under the Internet Employment Privacy Act (IEPA), effective May 14, 2013, employers may not discharge employees because they do not reveal user names and passwords that allow access to their personal Internet accounts (UT Code Sec. 34-48-101 et seq.).

Jury duty. An employer may not betray an employee of employment, threaten, nor coerce the employee regarding their employment because the employee receives a summons.