The Utah Court of Appeals ruled that a laid-off employee could not be denied unemployment benefits even though she rejected an offer to work at her former employer for at least two days with an offer to work more if the work existed. The Court stated in Duong v. DWS that “the decision of the Board disqualifying Duong […]
On August 19, 2010, the Utah Court of Appeals upheld the Utah Labor Commission Appeals Board’s order affirming a decision permitting a surgery that was required after an employee suffered an industrial injury. In Resort Retainers v. Labor Commission, the Court of Appeals ruled that Labor Commission Appeals Board had not erred when it affirmed the […]
In Turner v. Lone Peak Public Safety District, the Utah Court of Appeals upheld the rather uncontroversial determination of a local government entity appeals board that an employee’s threat to kill his boss, the police chief, justified his termination. The fact that the employee was under the influence did not excuse the threat nor did […]
On April 29, 2010, the Utah Court of Appeals in Juricic v. Autozone, Inc., clarified that an employer may require a certain dress standard, including specifying the colors of shirts and pants to be worn at work, without such a requirement being considered a uniform. This is significant because it forecloses an employer from being […]
In Olson v. Utah Department of Health, the Utah Court of Appeals ruled that the Career Service Review Board (CSRB), established for review of certain disciplinary actions taken against state employees, did not have jurisdiction over the appeal of a disciplinary transfer of an employee. It ruled this way even though when originally transferred the […]
In Ayusa v. Department of Workforce Services, the Utah Court of Appeals determined it lacked jurisdiction to hear an appeal because an unemployed worker had missed the appellate deadline for her unemployment benefits denial while she cared for her ailing father. Central to the court’s decision was the fact that the worker had delayed the […]
In Boston v. Salt Lake City Civil Service Commission, the Utah Court of Appeals upheld the dismissal of a police officer because she had failed to give a field sobriety test when a situation warranted it and when she failed to properly write a report on a theft charge. The Court rejected the officer’s argument […]
In a decision filed July 30, 2009, the Utah Court of Appeals said that the proper place to appeal a city’s employee appeal board’s determination of the at-will status of one of its employees is a state district court. In Pearson v. South Jordan Employee Appeals Board, the Court stated that despite relevant statutory language […]
On July 23, 2009, the Utah Court of Appeals reversed a decision by the Sunset City Appeal Board’s affirming the termination of a police officer, declaring that Sunset City had failed to give the employee adequate notice when it sent notice only by certified mail. In Becker v. Sunset City, the Court explained that because […]
On June 4, 2009, the Utah Court of Appeals affirmed the Department of Workforce Services’ assessment of a penalty against an unemployment benefits recipient who failed to disclose that she worked during weeks in which she received unemployment benefits. In Mugleston v. Department of Workforce Services, the Court ruled that despite the recipients claims that […]
