As the new year begins, moments of reflection have a way of catching us off guard, even in unexpected places. When HBO’s new show The Pitt premiered, I tuned in partly out of loyalty to my alma mater, the University of Pittsburgh, and partly for the nostalgia for a city I grew to love. Although the familiar skyline caught my attention, what stood out was a storyline rooted in a very real dilemma about end-of-life medical decisions.

In the episode, a patient with Alzheimer’s disease arrives at the ER in respiratory distress. His advance directive rejects mechanical ventilation, yet his adult children, who both hold durable power of attorney, disagree. His son wants to follow the directive, but his daughter urges intubation. The physician notes that intubation would cause suffering and undermine the patient’s autonomy, but could ease the family’s emotional burden. Ultimately, the children override their father’s wishes. The episode offers no clear resolution. Instead, it leaves viewers with a question that is especially worth considering at the start of a new year:

Can a surrogate decision-maker’s authority outweigh the patient’s clearly stated preferences?

As with most ethical dilemmas, the “right” choice is rarely clear, but such conflicts can often be avoided through advance planning, specifically by understanding the difference between a living will and a health care directive. In Utah, the Uniform Health Care Decisions Act merges a living will and medical power of attorney into one standardized document. This was designed to reduce ambiguity and minimize disputes between a patient’s instructions and a surrogate’s authority.

Why These Conversations Matter

In real ERs in Utah, families are often forced to make irreversible decisions under crushing time pressure and emotional strain. And while medical care is deeply personal, it’s often unspoken until crisis strikes. Questions such as:

• Would I want to be on life support with no chance of recovery?
• If in a permanent vegetative state, would I want to be resuscitated?
• Who would I trust to make those decisions if I couldn’t?
• Would that person know my beliefs, values, and medical preferences?

These aren’t easy conversations, but from both a legal and a practical standpoint, they’re essential. In Utah, part of that conversation involves understanding the difference between a living will, an advance directive, and a health care directive.

What is a Living Will in Utah?

Despite its name, a living will has nothing to do with your property, your bank account, or who inherits your record collection. A living will is a written statement outlining your wishes for medical treatment if you are unable to communicate and your condition is terminal or irreversible.

This is where you specify whether you’d want life-sustaining treatments such as:

• CPR
• Ventilators
• Feeding tubes
• Pain management approaches
• Organ donation preferences

You can think of it as your “treatment preferences” document with clear instructions for specific scenarios.

However, a living will, standing alone, doesn’t appoint anyone to speak for you. If a situation arises that isn’t clearly covered in your written instructions, there’s no designated voice to clarify. That’s why, in Utah, it’s rarely used by itself anymore and rolled into a broader Utah health care directive.

 What is an Advance Directive?

An advance directive is an umbrella term for legal documents that:

• State your health care preferences
• Often appoint someone to make decisions for you.

A living will is one part of an advance directive, but other pieces might include:

• A medical power of attorney
• Mental health care advance directive.

The idea is to combine your written wishes with a trusted person’s authority to act on them, filling the gaps where the paperwork alone might fall short.

The Utah Uniform Health Care Decisions Act Explained

In Utah, the law has merged the living will and the medical power of attorney into one standardized document: the Utah Uniform Health Care Decisions Act.

This single form covers two critical areas:

• Treatment Preferences: Just like a living will, you can spell out the kinds of care you want or don’t want, particularly in end-of-life scenarios.
• Health Care Agent: You can legally appoint someone you trust (often a spouse, adult child, or close friend) to make medical decisions for you if you cannot.

The advantage is clear: your wishes are documented, and you’ve chosen the person to carry them out. If you only have a living will, you risk leaving unanswered questions. If you only have a power of attorney, you risk burdening your decision-maker with no guidance. Together, the directive gives clarity and authority.

Living Will vs. Health Care Directive in Utah: Key Differences

Feature	Living Will (Before 2008)	Utah Advance Health Care Directive (After 2008)
Treatment Choices	Only for end-of-life care (life support, feeding tubes)	Covers many choices, like end-of-life care, pain relief, organ donation
Decision Maker	No,  you can’t name someone to decide for you	Yes, you can name someone to decide for you if you can’t
When It Applies	Only if you are dying or permanently unconscious	Anytime you can’t make your own medical decisions
Form Used	Old “Living Will” form (not valid anymore)	Utah Advance Health Care Directive form (current official form)
Legal Status	Not valid since 2008	Legally accepted in Utah
Flexibility	Very limited choices	Can be customized to your wishes
Witness/Notary	May have needed a witness or notary	Needs either one witness or notarization

Why Every Utah Adult Should Have a Health Care Directive

Too many people treat these documents like bureaucratic paperwork when they’re legal shields for your autonomy and emotional lifelines for your loved ones. Without a directive, your care could be decided by:

• The court
• Default state laws

Even with the best intentions, family members often disagree, especially in stressful emergencies.

In that Pitt episode, the son knew his father’s choice. But in the heat of the moment, he deferred to his sister. That’s how documented wishes get overridden. Utah’s unified directive is designed to minimize those moments of doubt and prevent painful second-guessing.

What’s in Utah’s Standard Form

The Utah Uniform Health Care Decisions Act includes:

• Your medical treatment preferences, including end-of-life care
• The option to appoint a health care surrogate or agent
• Space to express personal values, religious beliefs, or other instructions
• Signature and witnessing requirements for legal validity

It’s straightforward but powerful when it’s completed correctly.

The Human Side of Health Care Planning

Even a brief look behind the curtain of health care reveals that the human side is just as powerful as the clinical one. Stress, fear, and uncertainty can drive decisions in ways no one expects, and a clear, legally binding plan can make those moments far less daunting.

In cities with world-class medical resources, from Pittsburgh to Salt Lake City, these conversations about care often don’t happen until it’s too late. Once emotions take over, even the most loving families can find themselves in conflict.

The Takeaway

Every directive is more than a form. Rather, it’s a promise to yourself and to your loved ones. It’s a way to ensure that if you can’t speak for yourself, your voice is still heard.

None of us knows when a medical crisis will strike, but you can decide in advance what care you want and who should make decisions for you. It’s not glamorous, and yes, it can feel a little morbid. But as my fellow millennials would say, it’s peak “adulting,” and one of the most important steps you can take.

Pro Tip for Utah Residents: Download the official Utah Advance Health Care Directive form from the Utah Department of Health and review it with your attorney.

Ready to Make Your Wishes Known?

At Christensen & Jensen, we help clients create Utah healthcare directives that reflect their personal values and comply with Utah law. Whether you’re completing one for the first time or updating an old version, we can guide you through the process so you can move forward with peace of mind. Contact us today to get started.

So, you’re an entrepreneur with the next big idea? Maybe you’ve already started brainstorming logos, looking at locations, or thinking about hiring new employees. While the idea stage might be the most exciting part of bringing your business to life, an equally important part is fulfilling the legal requirements surrounding entrepreneurship in Utah. This article walks you through five essential legal to-dos, from choosing a business structure to registering for taxes, so you can move forward with confidence.

Step 1: Choose the Right Business Structure in Utah

Your first major decision is choosing a business structure. Choosing how your business is formed affects your personal legal liability, taxes, and how your business will be managed. There are four major types of business formations:

1. Sole Proprietorship
2. Partnership
3. Limited Liability Company (LLC)
4. Corporation (C-Corp and S-Corp)

Sole Proprietorship

This is the simplest type of business structure. Essentially, you are the business, and you report all income on your personal tax return. The downside is that you are personally liable for all business debts and legal claims. Sole proprietorships are a good fit for low-risk ventures like freelancing or small-scale services. If you use a business name different from your legal name, you will need to register a DBA (Doing Business As) with the state.

Partnership

If you are starting a business with someone else and do not form a formal entity, you have a General Partnership (GP) by default. All GP partners have unlimited personal liability for business debts. You can also choose a Limited Partnership (LP) or Limited Liability Partnership (LLP), which restrict liability for those partners. LPs and LLPs require registration, and a written agreement clarifies roles, responsibilities, and profit sharing between all classifications of partners.

Limited Liability Company (LLC)

LLCs are popular for small businesses and side hustles because they offer personal liability protection. When properly managed, your personal assets are shielded from business liabilities, provided there’s no fraud, illegal conduct, personal guarantees on loans, or commingling of funds. LLCs don’t require the same formalities as corporations, and profits typically pass through to the owners’ personal tax returns, avoiding double taxation.

Corporation

Corporations are more formal and typically better suited for businesses planning to raise capital or scale quickly. Like LLCs, they offer limited liability. An S Corporation (S-Corp) is popular with smaller businesses, and it allows profits to pass through to shareholders personal tax returns, avoiding double taxation, but it has ownership restrictions. C Corporations (C-Corps) are often the preferred structure for larger companies or startups aiming for venture capital. While they face stricter regulatory requirements, more complex compliance, and are subject to double taxation, C-Corps offer the advantage of no shareholder limits. There is no single best structure. Think about your business’s risk level, whether you have partners or investors, and how you want to handle taxes. It is often helpful to consult with a lawyer or accountant to make the right choice.

Step 2: Register Your Business and Name in Utah

After selecting a structure, the next step is registering your business with the State of Utah.

Choose and Register a Name

You will need a unique name that does not conflict with other Utah businesses. Use the state’s online business name search to check availability. It is also smart to do a quick national trademark search to avoid future disputes. If you are a sole proprietor or general partnership using a business name that is not your legal name, you must register a DBA with the state.

File Formation Documents

LLCs must file a Certificate of Organization and Corporations file Articles of Incorporation with the state. Both forms ask for basic details like the business name, address, and registered agent. Utah provides an easy online portal for filing, and the fee is typically under $100. LLCs and corporations must list an in-state registered agent who can receive legal documents on the business’s behalf. Be cautious of third-party websites that charge high fees for filings you can complete yourself for a fraction of the cost.

Step 3: Understand Utah Business Taxes

Taxes are a part of running any business. Here is how to get started.

Apply for an EIN

The Employer Identification Number is your federal tax ID, like a Social Security number for your business. It is required for LLCs, corporations, partnerships, and any business with employees. Sole proprietors often get EINs to avoid using their personal SSN. You can apply for free on the IRS website and receive your EIN instantly.

Register for Utah State Tax Accounts

If you are selling products or taxable services, you need a state sales tax license. If you have employees, you must register for state income tax withholding with the Utah State Tax Commission and unemployment insurance through the Department of Workforce Services. You will also need workers’ compensation insurance once you hire employees.

Understand Your Tax Responsibilities

Different structures have different filing obligations for state and federal taxes. Sole proprietors file Schedule C as part of the owner’s individual Form 1040. Partnerships file Form 1065 and issue K-1s. S Corporations file Form 1120-S, and C Corporations file Form 1120. If your LLC is taxed as a sole proprietorship or partnership, you may want to elect S Corporation status for tax savings once you are profitable. Work with a tax advisor to make sure everything is filed correctly and on time.

Step 4: Get Licenses and Permits Needed to Operate in Utah

You may need additional approvals before you can legally open your doors.

State and Professional Licenses

Some industries in Utah require a professional license. This includes construction, cosmetology, financial services, healthcare, and others regulated by the Division of Occupational and Professional Licensing.

Local Business Licenses

Most Utah cities and counties require a local business license, even for home-based operations. Visit your city’s official website to see what is needed. The process typically includes an application, a small fee, and possibly a zoning or safety review.

Zoning and Permits

Many businesses require additional localized permitting. For example, if you are serving food, remodeling space, or operating out of a home, you may need health permits, fire department approval, or a home occupation permit. Always check your city’s zoning rules before signing a lease or launching operations. Having the right licenses shows you are serious, builds trust, and keeps you compliant. Many licenses must be renewed annually, so keep track of deadlines.

Step 5: Build Your Legal and Financial Foundation

A few final steps will help your business stay legally protected and financially organized.

Create Owner Agreements

If you are starting a business with others, create a written agreement. An LLC should have an Operating Agreement outlining management roles, profit sharing, and what happens if someone leaves. Partnerships should have written agreements. Corporations should adopt bylaws and keep minutes of their meetings. These agreements reduce future disputes and help preserve liability protections. Even if you are operating alone, consider writing a basic business plan and operational notes for future reference.

Open a Business Bank Account

Keeping business and personal finances separate is essential. Open a dedicated business checking account even if you’re operating your business by yourself. It helps with taxes, improves your professional image, and protects you from liability if you have an LLC or corporation. Banks may require your state registration documents, EIN, and for LLCs, an Operating Agreement.

Get Business Insurance

Insurance adds another layer of protection. General liability insurance can cover accidents or damage related to your operations. If you offer advice or services, look into professional liability coverage. Utah also requires workers’ compensation insurance for businesses with employees. Insurance is often affordable and can prevent major losses.

Plan for Ongoing Compliance

Legal compliance does not stop once your business is launched. LLCs and corporations must file an annual renewal with the state. Update your registered agent and address if anything changes. Renew local licenses, file your taxes, and keep good records. Setting calendar reminders or using management software can help you stay on track. As your business grows, think about legal needs like creating contracts, protecting trademarks and copyright, and hiring professionals for advice or bookkeeping.

Start Strong and Stay Compliant

Starting a business in Utah involves a few legal steps, but with the right preparation, you can launch confidently. It might seem like a lot to ensure you have the right entity structure, registrations, tax accounts, licenses, and internal setup, but these are all part of operating a business. If you have questions or want personalized guidance, consider reaching out to a business attorney. Christensen & Jensen Attorneys are here for you. Our attorneys have guided Utah entrepreneurs through business formation, compliance, and planning. Let us take care of the legal side so you can focus on building your business.

Frequently Asked Questions About Starting a Business in Utah

• What are the legal steps to start a business in Utah?

  To start a business in Utah, you need to:

  • Choose a business structure (such as sole proprietorship, partnership, limited liability company, or corporation).

  • Register your business and name with the Utah Division of Corporations.

  • Apply for an employer identification number and register for Utah state tax accounts.

  • Obtain any required local or state business licenses and permits.

  • Set up your business’s legal and financial foundation with agreements, insurance, and a separate bank account.

• What is the best business structure for a new Utah business?

  The best business structure depends on your goals and risk level:

  • Sole Proprietorship: Simple setup, but you’re personally liable.

  • Partnership: Good for two or more owners but may involve shared liability unless registered as an LLP or LP.

  • Limited Liability Company (LLC): Popular in Utah for small businesses because it offers personal liability protection and pass-through taxation.

  • Corporation (C-Corp or S-Corp): Best for larger or fast-growing businesses, but more complex compliance requirements. Consult with a Utah business attorney or tax professional to decide what structure fits your needs.

• Do I need to register my business name in Utah?

  Yes. Utah requires that all business names be unique and not in use by another entity. You can check availability through the Utah Division of Corporations business name search. If you’re a sole proprietor or partnership using a name different from your legal name, you must file a DBA (Doing Business As) registration.

• How do I register a business in Utah?

  You can register your business online through the Utah Division of Corporations and Commercial Code website.

  • Limited liability company’s must file a certificate of organization.

  • Corporations must file articles of incorporation.

  • Both filings require basic details like your business name, address, and a registered agent located in Utah. Filing fees are generally under $100, and you can complete the process online in minutes.

• What taxes do I need to register for in Utah?

  If your business sells products or taxable services, you’ll need a Utah sales tax license.

  If you hire employees, you must also register for:

  • State income tax withholding (Utah State Tax Commission)

  • Unemployment insurance (Utah Department of Workforce Services). Additionally, all limited liability company’s, corporations, and partnerships must obtain a Federal EIN from the IRS.
• What licenses or permits are required to run a business in Utah?

  Licensing requirements depend on your business type and location.

  • Some professions, like contractors, cosmetologists, and healthcare providers, need state professional licenses through the Division of Occupational and Professional Licensing.

  • Most Utah cities and counties require a local business license, even for home-based businesses.

  • Certain businesses also need zoning, health, or safety permits before operating.

• How do I protect myself legally when starting a business in Utah?

  Create formal agreements that define ownership and responsibilities.

  • Limited liability company’s: Have an operating agreement.

  • Partnerships: Have a written partnership agreement.

  • Corporations: Adopt bylaws and record meeting minutes. You should also open a business bank account to separate personal and business finances and maintain liability protection.

• Do I need business insurance in Utah?

  Yes. While not all coverage types are legally required, insurance protects you from major losses.

  • General liability insurance covers accidents or damage.

  • Professional liability insurance is useful for service providers.

  • Workers’ compensation insurance is required if you have employees. Having the right insurance shows credibility and ensures compliance with Utah law.

• What ongoing legal requirements do Utah businesses have?

  After formation, Utah businesses must stay compliant by:

  • Filing annual renewals with the Utah Division of Corporations.

  • Keeping their registered agent and address updated.

  • Renewing local business licenses each year.

  • Filing state and federal taxes on time. Maintaining proper records, contracts, and renewals protects your business from penalties or dissolution.

• Where can I get legal help starting a business in Utah?

  If you’re unsure about which business structure to choose or need help with compliance, consult a Utah business attorney. The attorneys at Christensen & Jensen guide entrepreneurs through entity formation, licensing, tax registration, and ongoing compliance, so you can focus on growing your business while staying legally protected.

When you picture an attorney, what comes to mind? If you grew up watching popular movies, you’ll most likely think of a criminal defense attorney who advocates for their clients in the courtroom and gets confessions out of witnesses. While there is some truth to this, being a successful Utah defense attorney involves much more. Behind every strong courtroom performance are hours of case preparation and a strong team consisting of paralegals, legal assistants, and private investigators. To shed light on what the job is really like, I interviewed seasoned criminal defense attorney (and professional Star Wars collector) Jonathan T. Nish. Mr. Nish represents clients who face charges ranging from misdemeanors to capital crimes. He provided insights into the work, the people, and the environment required to thrive in this demanding but rewarding profession.

Morning of a Utah Criminal Defense Attorney: How the Day Starts

Jonathan Nish’s day often begins before sunrise. Court hearings, client meetings, and last-minute motions mean mornings can be a whirlwind of reviewing evidence, meeting with clients, and strategizing with colleagues. “If I have court in the morning, I’m usually reviewing my notes as I get ready,” Nish explained. “I’ll double-check exhibits, make sure witnesses are confirmed, and mentally walk through my argument so I’m ready to respond to whatever happens.” He emphasized that the real heavy lifting is done before the hearing. Case preparation requires digging through police reports, cross-referencing witness statements, and staying up to date with evolving case law.

Supporting Clients Beyond the Courtroom

A Utah criminal defense attorney’s role is to advocate for people going through the hardest moments of their lives, that means navigating not just the legal system, but the human emotions associated with their case. “Sometimes I’m the first person in a long time who has really listened to a client,” Nish said. “They might be scared, confused, or just overwhelmed by the process. My job isn’t only to defend them legally, it’s to help them feel like someone is in their corner.” Most criminal cases don’t end in trial. In fact, many involve quiet negotiations, strategic plea deals, and advocating for fair outcomes in situations where the law can feel unforgiving.

What Makes a Good Criminal Defense Lawyer in Utah?

When asked what qualities clients should look for in an attorney, Mr. Nish was quick to dispel one popular misconception: that the best defense lawyers are always the most aggressive. “Being a bulldog isn’t enough,” he said. “What you really want is someone who knows how to build relationships: with judges, with prosecutors, with court staff. That respect and trust can make a huge difference in negotiations and in how your case moves through the system.” In other words, skillful defense work is equal parts strategy, communication, and credibility.

Trial Preparation for Utah Defense Attorneys

While not every case goes to trial, those that do require intense preparation. “If it’s a one-day trial, I might spend a week getting ready. If it’s a three-day trial, I’ll block off three or four weeks,” Nish explained. “That includes meeting with witnesses, creating outlines for direct and cross-examinations, and anticipating the prosecution’s arguments.” In Utah, where court dockets can be crowded, staying organized is crucial.  Mr. Nish relies on a trusted support team to manage the flow of documents, notices, deadlines, and scheduling.

Balancing Mental Health in Criminal Law

Representing clients in cases that may impact the rest of their lives is not for the faint of heart. Jonathan Nish was candid about the emotional toll the work can take, particularly when outcomes aren’t what his clients hoped for. “You have to learn how to separate your self-worth from the verdict,” He said. “If you let every loss weigh you down, you’ll burn out fast. But you also can’t lose your compassion, that’s what makes you fight for your clients in the first place.” Support networks, both professional and personal, are key. He credits friends, colleagues, and most importantly, his wife, with keeping him grounded and reminding him when it’s time to take a break. Mr. Nish acknowledges that criminal defense is more than a job, it is a calling. “When someone’s future is on the line, you feel the weight of that. It’s part of why I do this.”

Should Criminal Defendants Testify in Utah?

One of the most strategic decisions in a trial is whether to have the client testify. “It’s never a decision I make lightly,” Nish explained. “You have to weigh the risks: how they’ll hold up under cross-examination, how the jury might perceive them… against the benefit of telling their story directly.” Ultimately, the choice is made in collaboration with the client, based on both legal strategy and the individual’s comfort level.

Why Become a Utah Criminal Defense Attorney?

For Jonathan Nish, the decision to become a  Utah criminal defense attorney was deeply personal. Inspired by a desire to protect constitutional rights and ensure fairness in the system, he has built a career on standing up for people at their most vulnerable moments. Some of the most rewarding moments come when past clients, even those who didn’t get their desired outcome, come back to express gratitude. “When someone says, ‘You treated me with respect, and you fought for me,’ that’s what makes it worth it,” he said.

Choosing the Right Defense Attorney in Utah

For those who imagine the courtroom as a stage for flashy arguments and dramatic wins, Jonathan Nish’s story is a reminder: the best defense attorneys are often the ones who work quietly but relentlessly, building trust, preparing thoroughly, and standing firm when it matters most. During my time at Christensen & Jensen, I had the opportunity to work with  him on a variety of criminal cases and witnessed firsthand the complexity of the job. Being a Utah criminal defense attorney requires quick thinking, sharp legal skills and a deep well of empathy. It’s about more than winning cases; it’s about ensuring that every person gets a fair shot, regardless of their circumstances. Most importantly, it’s about seeing your clients as human beings when the rest of the world may not. If you’re facing criminal charges in Utah, the attorney you choose matters. The best defense lawyers aren’t just aggressive, they’re strategic, respected, and committed to fighting for their clients.

Need a Utah Criminal Defense Attorney?

If you or a loved one is facing criminal charges in Utah, having the right advocate by your side can make all the difference. Contact Christensen & Jensen, to speak with an experienced criminal defense lawyer who will stand by you every step of the way.  

Frequently Asked Questions About Criminal Defense in Utah

• Do most criminal cases in Utah go to trial?

  No. The majority of criminal cases in Utah are resolved before trial through dismissals, plea deals, or reduced charges. A skilled Utah criminal defense attorney can often negotiate favorable outcomes without the stress and uncertainty of a jury trial.

• What should I look for in a Utah defense attorney?

  Beyond courtroom skill, you should look for an attorney who communicates clearly, is respected by judges and prosecutors, and takes time to understand your situation. The best criminal defense lawyers in Utah combine legal expertise with empathy and strategy.

• How much does a criminal lawyer in Utah cost?

  The cost varies depending on the complexity of the case, the seriousness of the charges, and whether the case goes to trial. Many Salt Lake City criminal defense attorneys offer payment plans or flat-fee arrangements, so it’s important to ask during your consultation.

• Why hire a local Utah criminal defense lawyer?

  Local attorneys understand Utah’s courts, judges, and prosecutors, which can make a meaningful difference in your case. Having a trusted defense attorney in Utah ensures you’re guided by someone who knows the local system inside and out.

We’re proud to announce that in The Best Lawyers in America 2026 Edition:

• Nathan D. Alder – Mediation
• Geoffrey C. Haslam – Insurance Law
• Karra J. Porter – Appellate Practice

Each “Lawyer of the Year” honor is awarded to just one lawyer per practice area and region, making this an extraordinary recognition of their talent and leadership. In addition, several of our attorneys were also recognized in The Best Lawyers in America across multiple practice areas:

• Roger P. Christensen – Personal Injury Litigation – Plaintiffs
• Mary C. Corporon – Family Law, Family Law Mediation
• Phillip S. Ferguson – Insurance Law, Litigation – Insurance, Personal Injury Litigation – Defendants
• Rebecca L. Hill – Insurance Law, Litigation – Insurance

We are honored to work alongside these exceptional attorneys and congratulate them on their well-deserved recognition. Please join us in celebrating their accomplishments!

When we think of summertime, we commonly think of warm weather, swimming at the local public pool, and grilling hamburgers outside with family and friends. Children are out of school, and families go on vacation. But for many high school, college, and graduate students, summer is a time for employment and internships. Summer jobs typically last about three months, and their positions usually consist of food service, retail, construction, outdoor recreation roles, and office staff. These positions generally require less credentials and are very interchangeable, allowing employers to fire and hire new summer employees quickly and efficiently. This reality raises a common question: even though I am only employed for a short time, can my seasonal employer fire me without notice?

At-Will Employment: What It Means for Seasonal Jobs in Utah

The short answer is yes, to a certain extent. In Utah, like every other state except Montana, most employees are considered at-will, unless this arrangement is altered by a written or implied agreement that changes it. Utah law presumes that an employment agreement that does not have a specified term of duration is at-will. This means employers may fire employees “for any reason, or no reason at all, at any time.” The at-will doctrine benefits employees the ability to quit their job at any time and for any reason. However, this freedom also comes at a cost. Employers may also fire their employees for any reason or for no reason at all at any time.

Do At-Will Employees Have Any Legal Protections?

Absolutely. Utah law further clarifies that even if an employee is at-will, an employer may fire an employee “without extending any procedural safeguards to an employee, except as required by law.”

3 Legal Exceptions to At-Will Termination for Seasonal Employees

Agreements Can Override At-Will Employment

Seasonal employee can protect themselves from a termination without notice if their employer violates an agreement between the parties that the employee cannot be fired without cause or without notice. If an employer promises, either directly or through conduct, that an employee cannot be fired without cause or notice, this may overcome the at-will presumption. These agreements can be created during the interview process, at the onset of employment, or even during the employment. Evidence of these agreements may be found in employment manuals, oral agreements, and all circumstances of the relationship which demonstrate the intent to terminate only for cause or to continue employment for a specified period. Though it may be harder to prove an implied agreement than an written agreement, employees can look to the conduct of their employer, personnel policies, trade or industry practices, or other circumstances to show that their employer made such a promise. It is important to remember, however, that an implied-in-fact promise cannot go against a written contract term. If the provisions of your seasonal employment contained language stating that you cannot be fired without just cause or notice, or if your employer impliedly informed you of the same, you may have an actionable claim against your employer if you were fired without notice or cause.

Termination in Violation of State or Federal Law

Another protection arises if the termination violates state or federal statutes. Every non-federal employee or prospect employee, no matter how long they have been or will be tenured, is protected from discriminatory actions by their employer. Relevant statutes include:

• Title VII of the Civil Rights Act of 1964 (protecting against discrimination based on race, color, religion, sex and national origin);
• Americans with Disabilities Act (ADA) (protecting against discrimination on the basis of disability); and
• Age Discrimination in Employment Act (ADEA) (protecting non-federal employees and prospect employees 40 years or older from discrimination on the basis of age).

This means that, if you have reason to believe that your seasonal employer fired you for one of the reasons stated above, you may have an actionable claim against them.

Violations of Clear and Substantial Public Policy

Finally, seasonal employees can be protected from a fire without notice if their firing was a clear violation of a substantial public policy. Courts evaluate public policy exceptions based on:

• Whether the rule or policy comes from clear and reliable sources, like state laws, the state constitution, or past court decisions.
• Whether the rule is meant to protect the public in general, not just the specific employer or employee involved.
• Whether there are other important rules or interests that outweigh this rule.

Examples of Public Policy Violations

Refusal to Commit Illegal Acts

The Utah Supreme Court, as a general proposition, stated that persons who are terminated from their employment because they refuse to engage in illegal activities that contravene the clear and substantial public policy of the state of Utah can be actionable against their employer. A basic example of this is if your employer fires you for refusing to put a hazardous or harmful item in a food product that the employer is selling to customers. As such an action would violate Utah Code Ann. § 4-5-401, an employee has a right to refuse to obey the command without fear of retaliation.

Exercising Legal Rights

Employees who get fired for exercising legal rights such as serving jury duty, taking family leave, medical leave, or whistleblowing are also considered violations of public policy. If you have reason to believe that your seasonal employer has fired you without notice for any of these reasons, you may be entitled to damages.

Know Your Rights as a Seasonal Employee in Utah

Seasonal jobs are valuable opportunities for students and young professionals. These positions appear, and generally are, more replaceable than most full-time careers. Regardless, employers must ensure that they do not terminate their seasonal employees for unlawful reasons. Firing someone without notice may be legal under Utah’s at-will doctrine, but protections exist against discriminatory, retaliatory, or otherwise unlawful terminations.

Protect Your Rights if You Have Been Wrongfully Terminated

If you believe you were wrongfully terminated from your seasonal job, consult with an employment law attorney to understand your rights. At Christensen & Jensen, we help employees navigate these legal questions and protect their interests.   Citations:

1. Ryan v. Dan’s Food Stores, Inc., 972 P.2d 395, 400 (Utah Sup.Ct. 1998).
2. Id. (quoting Fox v. MCI Communications Corp., 931 P.2d 857, 859 (Utah 1997)) (emphasis added).
3. Berube v. Fashion Centre, 771 P.2d 1033, 1044 (Utah Sup.Ct. 1989).
4. Id.
5. Ray v. Wal-Mart Stores, Inc., 2015 UT 83, ¶14-15, 359 P.3d 614 (Sup.Ct.).
6. Pang v. Int’l Document Servs., 2015 UT 63, ¶27, 356 P.3d 1190 (Sup.Ct.).