This is a preview. To continue reading, register for free access now. Register Now or Log in

Separation From Employment: Utah

Separation From Employment requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: XpertHR Editorial Team and Benjamin Harmon, Callister, Nebeker & McCullough

Summary

  • Utah courts require employers demonstrate a certain level of evidence when discharging contractual employees for just cause. See Termination for Cause.
  • Several state laws include anti-retaliation provisions, making it unlawful for employers to retaliate against individuals by terminating them for engaging in certain legally protected activities. See Retaliatory Discharge.
  • Utah law requires employers to pay departing employees within certain time periods depending on the circumstances of departure and the type of employee that is departing. See Final Paycheck.
  • Utah employers may ask outgoing employees to execute non-compete agreements or restrictive covenants, but such agreements will only be enforced if they meet a certain evidentiary standard. See Restrictive Covenants.
  • Utah requires employers to exempt certain employees from receiving or showing proof that they have received a COVID-19 vaccine and from taking adverse action against them. See COVID-19 Vaccine Mandates.
  • Some employees who provide advance notice of resignation may be entitled to unemployment compensation if the employer acts hastily after receiving the notice. See Notice of Resignation.
  • Utah recognizes claims for constructive discharge where employer conduct reaches a certain level of intolerance and the resigning employee reasonably perceives that the conduct created an intolerable working environment. See Constructive Discharge.