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Showing posts from July, 2025

Wrongful Termination in Utah - terminations that implicate a clear and substantial public policy

  Utah, like other states, follows the doctrine of at-will employment. Under this doctrine, there is a presumption that all employment relationships are terminable at-will by any party. This development of this doctrine arose from ideas related to freedom of contract and laissez-faire economic principles that were judicially created over time to create a default rule for employment relationships. Stated differently, an at-will employment relationship means that an employer or employee may  terminate an employee the relationship at any time, with or without notice, and with or without cause as long as such termination is not for an unlawful reason . The at-will employment rule is a presumption that may be overcome in several ways, including, for example, through a contract with a specific term (i.e., one year) or through agreements that limit the situations in which an employee may be terminated (i.e., termination for "cause"). Of course, simply because an employee is not ...

Understanding the UPPAC Disciplinary Process for Utah Educators

  Every licensed educator in Utah is subject to certain professional practice standards, which are enforced by Utah Professional Practices Advisory Commission (“UPPAC”). UPPAC consists of a group of educators and community members who advise the Utah State Board of Education on issues related to the professional practice of licensed educators in Utah. Established under state law - Utah Code § 53E-6-101 et seq. - UPPAC’s responsibilities include, among other things, investigating complaints involving educator misconduct; conducting hearings when necessary; recommending disciplinary actions to the Utah State Board of Education; developing procedures for complaint processing and hearings; and proposing professional standards and ethics for educators. Under Utah law, certain conduct by licensed educators is prohibited. This includes obvious things like felony convictions, certain types of misdemeanors and other actions that affect student well being, like the use of corporeal pun...