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 […]
The Tenth Circuit decided in a case issued on January 12, 2009, that a Utah movie theater may be liable for its supervisor’s sexual assault of a subordinate even when (1) the theater acted reasonably under the circumstances , (2) the supervisor had no history of sexual harassment before the assault, and (3) the theater […]
On January 26, 2009, the general session of the Utah legislature begins. Currently, there are several bills that have been introduced that may have an impact on employers and employees in this legislative session. The following is a list of current bills that may have an effect on employers and employees in the state. House […]
The federal appellate court having jurisdiction over federal questions arising in Utah, the Tenth Circuit, issued a decision on January 8, 2009, explaining that an employee’s concern over the scope of an investigation was a matter of public concern. The court in Dixon v. Kirkpatrick held that, although an employee had raised an issue of […]
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 […]
The federal appellate court having jurisdiction over federal questions arising in Utah, the Tenth Circuit, issued a decision on January 6, 2009, delineating the scope of the rights that an employee employed by a governmental entity may have in staying in the same position that he or she has historically had. The case, Potts v. […]
As you may or may not know, beginning January 16, 2009, new administrative rules governing an employer’s duties under the Family and Medical Leave Act (FMLA) will begin to be enforced by the federal government. The regulations have made it necessary for employers to review their employee handbooks, posters, and notices to assure that they […]
