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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
You’re referring to the part of Utah law, which often requires an employer to pay quickly after firing an employee: Code 34-28-5. http://le.utah.gov/~code/TITLE34/htm/34_28_000500.htm. Most wage complaints go to the Utah Labor Commission for enforcement. Here’s a link to making a wage complaint:
http://laborcommission.utah.gov/media/pdfs/uald/forms/Wage%20Claim%20Assignment%20Form%20-%20Revised.pdf .
There may be other important issues, based on why the company says they let you go…versus, perhaps, any of the reasons you can prove, such as firing you because of age or sex. This may mean you have more than only a wage compliant. The wage complaint may be evidence of discrimination. Discrimination complaints, which also involve unpaid wages, can be made by following these instructions:
http://laborcommission.utah.gov/media/pdfs/uald/forms/Employment%20Questionnaire%20(Fillable).pdf.
There are going to be some wrinkles in your claim for wages, even with Utah law in your favor. You want to be certain you pursue your legal rights fairly quickly, but the burden is really on the employer to follow the law. The law does require you to start the complaint process within 60 days. This is crucial and cannot be ignored. If you can also prove that you sent a written demand for wages, and received nothing, you have also improved your situation by complaining in good faith. Your being able to detail the harm caused by their delay (extra fees, penalty payments on a mortgage, borrowing money) will also help calculate damages.
The Utah wage law is designed to give these penalties if the employer doesn’t act within a certain period of time, or acts in a deliberately negligent or irresponsible way. So let’s walk through a case where an employee filed a claim under Code 34-28-5, and see how they won a little and lost a little. In the case of Zoll Branch v. Asay, not only lost wages ($1,500) but also a penalty of $6,000, plus court costs, and attorney fees were at first won by the fired employee. The court said the reason for penalizing an employer for not paying a terminated employee was good policy: “The penalty protects those persons who are most likely to need their wages immediately, and concomitantly imposes upon the employer the greatest obligation in those instances.” http://caselaw.findlaw.com/ut-supreme-court/1485217.html.
The employer in the Asay case asked to reverse the penalty, and won that money back…this is important for you, since the court in Asay said the $6,000 penalty should only have applied only in case of termination or discharge. Asay had quit all on his own. You stated that you were “let go,” so this seems to say you fall into the law’s special protection, allowing for a penalty. If you meant anything else (such as what’s called a “constructive resignation” for not showing up at work, for example) then you might not be eligible to ask for a penalty. At any rate, the employer in Asay still had to pay wages, interest, and costs.
Other Issues
Your employer may argue that there was not a “firing” as meant under Utah law. If they have a reasonable argument for not paying you within the 24-hour period, they still have an obligation to pay you: in the next regularly scheduled pay period. They may say you somehow resigned or were laid off, or the company closed its US operations.
Finally, you mentioned this is an international company. If they closed all of their US operations, or declared bankruptcy, or otherwise debate how much they owe you (perhaps you were a salesperson and they say you didn’t earn a regular salary), then there’s less chance you’ll get penalties or costs. You may still win a case, but have trouble collecting the judgment. Fortunately, unpaid hourly wages are usually a priority if there are a lot of creditors involved.
You’re referring to the part of Utah law, which often requires an employer to pay quickly after firing an employee: Code 34-28-5. http://le.utah.gov/~code/TITLE34/htm/34_28_000500.htm. Most wage complaints go to the Utah Labor Commission for enforcement. Here’s a link to making a wage complaint:
http://laborcommission.utah.gov/media/pdfs/uald/forms/Wage%20Claim%20Assignment%20Form%20-%20Revised.pdf .
There may be other important issues, based on why the company says they let you go…versus, perhaps, any of the reasons you can prove, such as firing you because of age or sex. This may mean you have more than only a wage compliant. The wage complaint may be evidence of discrimination. Discrimination complaints, which also involve unpaid wages, can be made by following these instructions:
http://laborcommission.utah.gov/media/pdfs/uald/forms/Employment%20Questionnaire%20(Fillable).pdf.
There are going to be some wrinkles in your claim for wages, even with Utah law in your favor. You want to be certain you pursue your legal rights fairly quickly, but the burden is really on the employer to follow the law. The law does require you to start the complaint process within 60 days. This is crucial and cannot be ignored. If you can also prove that you sent a written demand for wages, and received nothing, you have also improved your situation by complaining in good faith. Your being able to detail the harm caused by their delay (extra fees, penalty payments on a mortgage, borrowing money) will also help calculate damages.
The Utah wage law is designed to give these penalties if the employer doesn’t act within a certain period of time, or acts in a deliberately negligent or irresponsible way. So let’s walk through a case where an employee filed a claim under Code 34-28-5, and see how they won a little and lost a little. In the case of Zoll Branch v. Asay, not only lost wages ($1,500) but also a penalty of $6,000, plus court costs, and attorney fees were at first won by the fired employee. The court said the reason for penalizing an employer for not paying a terminated employee was good policy: “The penalty protects those persons who are most likely to need their wages immediately, and concomitantly imposes upon the employer the greatest obligation in those instances.” http://caselaw.findlaw.com/ut-supreme-court/1485217.html.
The employer in the Asay case asked to reverse the penalty, and won that money back…this is important for you, since the court in Asay said the $6,000 penalty should only have applied only in case of termination or discharge. Asay had quit all on his own. You stated that you were “let go,” so this seems to say you fall into the law’s special protection, allowing for a penalty. If you meant anything else (such as what’s called a “constructive resignation” for not showing up at work, for example) then you might not be eligible to ask for a penalty. At any rate, the employer in Asay still had to pay wages, interest, and costs.
Other Issues
Your employer may argue that there was not a “firing” as meant under Utah law. If they have a reasonable argument for not paying you within the 24-hour period, they still have an obligation to pay you: in the next regularly scheduled pay period. They may say you somehow resigned or were laid off, or the company closed its US operations.
Finally, you mentioned this is an international company. If they closed all of their US operations, or declared bankruptcy, or otherwise debate how much they owe you (perhaps you were a salesperson and they say you didn’t earn a regular salary), then there’s less chance you’ll get penalties or costs. You may still win a case, but have trouble collecting the judgment. Fortunately, unpaid hourly wages are usually a priority if there are a lot of creditors involved.