Enforcing your right to be paid Wages in Utah and holding your Employer Accountable for Retaliation

 

Many employees are confronted with situations in which they are not paid all wages they’ve earned, whether in the form of unpaid salary or hourly pay, overtime pay, commissions, bonuses or other compensation. Utah law provides numerous protections to employees who are owed wages during employment or following employment. These protection include claims for breach of contract, unjust enrichment and other common law claims, as well as claims under the Utah Payment of Wages Act, Title 34, Chapter 28 of the Utah Code. Federal law also provides protections for certain types of wage claims.

The Utah Payment of Wages Act establishes clear guidelines for timely and complete wage payments to employees and, critically, empowers workers to seek redress if these requirements are violated. If your employer hasn't paid you all the wages you are owed, you have the right to file a wage claim under the UPWA against your employer. Depending on the size of your claim, you can file an administrative claim with the Utah Labor Commission or a private lawsuit. If you demand wages prior to filing suit and you recover more than you demanded, you can also recover attorney fees incurred in bringing your claim under Utah Code § 34-27-1, provided you’ve met the requirements of the statute.

Many employees hesitate to report wage issues because they fear getting fired, demoted, or treated poorly by their employer as a result. But Utah law prohibits retaliation. Utah Code § 34-28-19(1). An employer violates these anti-retaliation provisions if it take materially adverse action against you for filing a wage claim, testifying in a proceeding related to the enforcement of the UPWA, or expressing an intent to file such a claim. Importantly, this language offers broad protections to employees, covering individuals who have formally filed a claim, those planning to do so, and even those perceived by an employer as potential complainants. 

Retaliation isn't just about being fired (discharge). Retaliation includes a range of negative actions that impact your job, from termination to demotion and harassment and other changes to the terms and conditions of your employment.

If you believe you have been punished by your employer for filing a wage claim, you have legal recourse. You should immediately contact an experienced employment lawyer who can provide you with guidance, make sure to keep records concerning wages that were owed, the date you filed your complaint, and any subsequent actions your employer took. It’s always important to document dates, times, witnesses, and save any relevant emails or text messages related to your claim.

For more information on filing a claim or understanding the process, you can call one of our Utah employment lawyers at (801) 758-7604 or submit an inquiry to us at www.stavroslaw.com. We can explore the specific evidence needed to successfully prove a claim of retaliation and assist you with a wage claim.

 

Location: Utah, USA

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