Legal Question in Employment Law in Utah

Unauthorized Payroll Deduction / Unfair Termination

I was employed as Accounting Mgr for 11 years. One responsibility was payroll. My employer sold company and I worked for new owner 1 1/2 years. Four months ago, owner took over payroll. Two months ago I was informed I was being let go, that I had violated company policy by cashing in 2 weeks of my vacation. I was not aware of this policy and had done this for other employees in the past, under both owners. In addition, I earned 3 weeks annual vacation through previous owner, and General Manager of new company agreed to honor 3 weeks for me. Apparently new owner was not informed of this by GM, subsequently, extra vacation time was withheld from my final pay. Regardless of whether I agreed with this or not, the local store manager said owner would not consider this termination, but lay-off, so I could apply for and collect unemployment. I filed for unemployment, but discovered my employer appealed benefits, stating I was terminated. After several phone calls, unemployment office determined I was terminated without just cause and was awarded benefits. My employer again appealed this decision and now case is going to hearing. My questions are: 1)What are my rights, 2)Should I seek an attorney's help, 3)What are my chances?


Asked on 1/14/02, 1:40 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Unauthorized Payroll Deduction / Unfair Termination

Apparently you have done a good job representing yourself so far. A hearing will be a more formal environment in which evidence is presented. You should bolster your case by presented corroborating evidence, such as other employees (former or present) who can verify what you claim; attempt to subpoena records which support your claims from the company (you can ask for an extension on the hearing if not enough time) and/or conduct discovery (interrogatories and requests for production of documents, and request for admissions)to obtain evidence from the company. Since there are potentially thousands of dollars at stake you may wish to contact an attorney. If you can obtain sufficient corrobative evidence on your own you should be ok. Your rights include the rights to the foregoing discovery and subpoenae. You can also call witnesses and cross examine the company's witnesses. It would be wise to get witnesses from the old company management and the new - especially the General Manager. Also get a copy of the company regulations or employee manual and make sure you have read and understand all of the items which concern your case. If they do not have a manual or written policy which sets forth this policy, present that as evidence.

Your last question is what are your chances - there is no way for me to tell you with the sketchy facts I have. Any time you appear before a judge there is a risk.

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Answered on 1/14/02, 4:16 pm


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