Employment Law

How the Federal Trade Commission Might Kill Non-Competes in Utah

By Joseph G. Ballstaedt801-365-1021joe@snjlegal.com The Federal Trade Commission (FTC) recently announced it is considering a rule that would ban all non-compete agreements. A non-compete agreement (or non-competition agreement) is a clause in an employment contract that prohibits the employee from seeking or taking a certain type of employment after the conclusion of the employee’s employment with the employer. Non-competes sometimes …

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5 Tips for Successfully Negotiating Franchise Agreements

By Benjamin Jensen 801-365-1017 ben@snjlegal.com Whether you are a working-professional looking to expand your services through a well-known brand or a passive investor trying to diversify your portfolio, opening a franchise location can be a lucrative opportunity that enriches both the franchisor and franchisee. The following five tips will help potential franchisees identify and capitalize …

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What Happens When a Utah Contractor Works Without a License?

By Joseph G. Ballstaedt801-365-1021joe@snjlegal.com Doing construction work in Utah without a proper license is a risky business. This article discusses what construction work requires a license and what work is exempt from requiring a license. This article also explains the general rule that prevents an unlicensed contractor from suing for unpaid work on a construction …

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Recovery for Overpayment of Wages in Utah

Nathan D. Anderson 801.365.1024 nathan@snjlegal.com I love the board game “Monopoly.” One of the game’s “Community Chest” cards reads, “Bank error in your favor, collect $200.” Its wonderful when errors go your way; especially when you get more money. But errors can (and often do) cut the other way too and lead to losses.  One such employment error …

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Are Non-Competition Agreements in Idaho Enforceable?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Idaho, a non-competition agreement is an agreement between an employer and an employee that prohibits the employee, after the employment relationship ends, from engaging in employment or a line of business that directly competes with the employer. Non-competition agreements generally prohibit employees from selling or offering to sell products or services that are …

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Firing Employees in Utah who Refuse to Engage in Illegal Conduct

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com An employer asks an employee to do something illegal or improper as part of that employee’s work duties. The employee refuses. Shortly thereafter, the employer fires the employee. What next? Is there anything the employee can do? Should the employer be worried about liability for wrongfully firing the employee? Probably. In Utah, …

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Paying and Withholding Wages During Employment or Upon Termination and Other Issues Answered by the Utah Payment of Wages Act

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Wage claims and disputes between Utah employees and employers are fairly common, unfortunately. The Utah Payment of Wages Act contains many of the statutes and guidelines that any employee or employer should understand when a payment question or dispute arises. This article explains some of the requirements under the Utah Payment of Wages Act …

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Are Non-Competition Agreements Against Independent Contractors Enforceable in Utah?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Usually, a non-competition agreement is an agreement between an employer and an employee where the employee agrees to not compete with the employer’s business. These agreements are also known as non-competes, post-employment restrictive covenants, or covenants not to compete. They prohibit the employee from selling or offering to sell products, processes, or services that are similar …

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7 Tips for Utah Employers on Firing Employees

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Owning a business is a rewarding and challenging experience. Perhaps one of the most challenging responsibilities for business owners is hiring quality employees and—when necessary—knowing when and how to fire employees. This article briefly discusses 7 tips that will help you avoid legal and other issues when you let an employee go. …

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Loyalty to One’s Employer in Utah: Is a Non-Competition Agreement Necessary to Prevent an Employee from Competing with an Employer?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Under Utah law, must an employee be loyal to his employer? How loyal? In what way? When does this duty apply? This article briefly discusses some basic duties that form the relationship between employers and employees. It then discusses in depth an employee’s duty of loyalty to his employer. As explained below, …

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