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 […]
The 2010 legislative sessions saw a lot of activity affecting employers and employees. Approximately fifty newly enacted laws will have some affect on employers and employees. With only two or three exceptions, all of these laws become effective May 11, 2010. (For a complete list of all the bills passed and their effective dates click here.) […]
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 […]
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 […]
As discussed in an earlier post, the Utah legislature begins its general session on January 26th. In addition to the proposed legislation that may affect employers discussed in that earlier blog entry, legislators have proposed additional bills since that time. The following is a listing of additional proposed legislation that may affect employers and employees […]
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 […]
