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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Stopping Employees from Breaching Non-Competes and Non-Solicits Through Injunctions

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com After a Utah employee leaves his or her employer and breaches a non-compete agreement by working for a competitor, or he or she breaches a non-solicitation agreement by soliciting customers or employees of the former employer, can that employer stop the employee from continuing to engage in this conduct? Often times, yes. If the employer can …

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Initial Response to Employee Discrimination Charges

Charges of discrimination are daunting for small businesses. This article will help you and your small business better understand employee discrimination charges and some good, initial steps you can take in response. What is a Charge of Discrimination? Before employees can sue their employers for discrimination, they must file a charge of discrimination with the …

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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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Although Unfair, Utah Employers Can Often Terminate At-Will Employees to Avoid Paying Commissions

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com There are a variety of laws that protect employees, such as minimum wage and overtime laws, but many Utah and federal laws seem to favor employers over their employees. The Utah Supreme Court recently issued an opinion that seems to be in line with the majority of employment laws in that it favors …

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Are Non-Competition Agreements in Utah Enforceable?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Generally speaking, 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. They usually prohibit the employee from selling or offering to sell products or services that are like the employer’s products or services. Under Utah law, non-competition agreements …

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Can an Employer in Utah Charge an Employee the Cost for a Uniform?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Employers in Utah often require their employees to wear uniforms, some of which are quite expensive. Utah employers often want their employees to bear the costs of these uniforms. Under Utah and federal law, can they do this? As with many legal questions, the answer is “it depends.” Uniforms Cannot Cut into …

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