Discrimination EEOC v. Beverage Distributors Company, LLC (10th Cir., March 16, 2015) (discrimination claim by blind employee; reversing based on district court’s erroneous direct threat instruction) Jones v. McHugh, Secretary of the Army (10th Cir., March 16, 2015) (affirming summary judgement against Jones in the absence of evidence of improper motive) Contract Andersen v. Department […]
Workers Compensation Provo City v. Utah Labor Commission & Duane Serrano (Utah, February 6, 2015) (affirming respondent’s permanent total disability)Tarpley v. Colvin (10th Cir., February 4, 2015) (affirming denial of disability benefits) Discrimination and Retaliation Bejar v. McDonald (10th Cir., February 3, 2015) (“a mere inconvenience or an alteration of job responsibilities [is not] an […]
The Tenth Circuit ruled that an arbitrator drew from the essence of the labor contract when he reinstated an employee and imposed a last chance agreement on the employee despite the employee having violated a company rule and then lying about it. In Chevron Mining Inc. v. United Mine Workers of America Local 1307, the […]
On July 29, 2011, the Utah Court of Appeals upheld a Workforce Appeals Board determination that an employee who failed to follow his work schedule was not terminated for just cause and was, therefore eligible for unemployment. In Prosper Team, Inc. v. Department of Workforce Services, the Utah Court of Appeals stated that, although it […]
Can employees collect unemployment after they have given their notice to quit? The answer to that question depends on the employer’s conduct. On January 15, 2009, the Utah Court of Appeals in Hughes General Contractors v. DWS held that an employee was eligible to receive unemployment benefits, even though the employee had given his employer […]
In Utah, an applicant for unemployment can be denied unemployment compensation if his termination was for “just cause.” The elements necessary to satisfy that inquiry include whether the employee had knowledge of a workplace standard, whether he or she had control over, among other things, the alleged behavior supporting the termination, and whether he or […]
