Legal Question in Business Law in Utah

Can they do this?

Very simple question, but I am not sure I posted this in the right spot so if not sorry. I worked for an employer for a few months, four weeks ago I told them that I had another job, so I was giving them two weeks notice. I should have recieved my last pay check 2 weeks ago. I have called and left message after message for them to please let me know what is going on, and to call back but I haven't heard anything from them. While working for them this same thing happened to another guy, it is like common practice at this place. So my question is this can they do this? I owe them nothing, I had to find a job that would pay what they promised. I just want the money that I worked for, any help would be great.


Asked on 8/18/05, 10:49 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Can they do this?

No. First call Utah Employment Security and see what they can do. Second, sue the employer for the wages - probably in small claims court.

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Answered on 8/18/05, 11:21 pm

Re: Can they do this?

Hello,

It sounds like the following Utah law applies to your situation (here are the relevant portions):

Separation from payroll -- Resignation -- Cessation because of industrial dispute.

(1) (a) Whenever an employer separates an employee from the employer's payroll the unpaid wages of the employee become due immediately, and the employer shall pay the wages to the employee within 24 hours of the time of separation at the specified place of payment.

(b) (i) In case of failure to pay wages due an employee within 24 hours of written demand, the wages of the employee shall continue from the date of demand until paid, but in no event to exceed 60 days, at the same rate that the employee received at the time of separation.

(ii) The employee may recover the penalty thus accruing to the employee in a civil action. This action must be commenced within 60 days from the date of separation.

(iii) An employee who has not made a written demand for payment is not entitled to any penalty under Subsection (1)(b).

(2) If an employee does not have a written contract for a definite period and resigns the employee's employment, the wages earned and unpaid together with any deposit held by the employer and properly belonging to the resigned employee for the performance of the employee's employment duties become due and payable on the next regular payday.

It looks like you're entitled to more than your wages up to severance. You may have to file a lawsuit to collect however.

Let me know if I can be of further assistance.

M. Larew (801) 573-2377

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Answered on 8/19/05, 12:32 am


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