How to Deal with Ambiguous Contracts in Utah

Posted in Business Organizations, Commercial Litigation, Construction Law, Employment Law, Real Estate Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] What happens when two parties to a contract disagree about what the contract language means? How are ambiguities in a contract resolved? Utah courts and judges should interpret and enforce each contract in a way that is in line with the intent of the parties who signed the contract. Read More

Firing Employees in Utah who Refuse to Engage in Illegal Conduct

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By Joseph G. Ballstaedt 801-365-1021 [email protected] An employer asks an employee to do something illegal or improper as part of that employee’s work duties. The employee refuses. Shortly thereafter, the employer fires the employee. What next? Is there anything the employee can do? Should the employer be worried about liability for wrongfully firing the employee? Read More

Paying and Withholding Wages During Employment or Upon Termination and Other Issues Answered by the Utah Payment of Wages Act

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By Joseph G. Ballstaedt 801-365-1021 [email protected] Wage claims and disputes between Utah employees and employers are fairly common, unfortunately. The Utah Payment of Wages Act contains many of the statutes and guidelines that any employee or employer should understand when a payment question or dispute arises. This article explains some of the requirements under the Read More

Initial Response to Employee Discrimination Charges

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By Nathan D. Anderson Charges of discrimination are daunting for small businesses. This article will help you and your small business better understand employee discrimination charges and some good, initial steps you can take in response.   What is a Charge of Discrimination?   Before employees can sue their employers for discrimination, they must file Read More

Are Non-Competition Agreements Against Independent Contractors Enforceable in Utah?

Posted in Blog, Commercial Litigation, Employment Law, Employment Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] Usually, a non-competition agreement is an agreement between an employer and an employee where the employee agrees to not compete with the employer’s business. These agreements are also known as non-competes, post-employment restrictive covenants, or covenants not to compete. They prohibit the employee from selling or offering to sell Read More

Can Employees Refuse to Return to Work because of COVID-19?

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By Nathan D. Anderson [email protected] 801.365.1024   Utah is easing some of its COVID-19 restrictions. With the move from “high risk” to “moderate risk” under the Utah Leads Together Plan, some businesses are reopening. While some employees are anxious to return to work, others are not. This raises an important question for employers: Can employees refuse Read More

7 Tips for Utah Employers on Firing Employees

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By Joseph G. Ballstaedt 801-365-1021 [email protected] Owning a business is a rewarding and challenging experience. Perhaps one of the most challenging responsibilities for business owners is hiring quality employees and—when necessary—knowing when and how to fire employees. This article briefly discusses 7 tips that will help you avoid legal and other issues when you let Read More

Loyalty to One’s Employer in Utah: Is a Non-Competition Agreement Necessary to Prevent an Employee from Competing with an Employer?

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By Joseph G. Ballstaedt 801-365-1021 [email protected] Under Utah law, must an employee be loyal to his employer? How loyal? In what way? When does this duty apply? This article briefly discusses some basic duties that form the relationship between employers and employees. It then discusses in depth an employee’s duty of loyalty to his employer. Read More

Although Unfair, Utah Employers Can Often Terminate At-Will Employees to Avoid Paying Commissions

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By Joseph G. Ballstaedt 801-365-1021 [email protected] There are a variety of laws that protect employees, such as minimum wage and overtime laws, but many Utah and federal laws seem to favor employers over their employees. The Utah Supreme Court recently issued an opinion that seems to be in line with the majority of employment laws Read More

Are Non-Competition Agreements in Utah Enforceable?

Posted in Blog, Commercial Litigation, Employment Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] Generally speaking, a non-competition agreement is an agreement between an employer and an employee where the employee agrees to not compete with the employer’s business. They usually prohibit the employee from selling or offering to sell products or services that are like the employer’s products or services. Under Utah Read More