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Utah Supreme Court Expands Wrongful Discharge Claims to Recognize Self-Defense as Public Policy

Jackson Lewis P.C.·

The Utah doctrine of wrongful discharge claims recognizes self-defense as a clear and substantial public policy under limited circumstances, the Utah Supreme Court has ruled in a 4-1 decision that expands the state’s exceptions to the at-will employment doctrine. Ray, et al. v. Wal-Mart Stores, Inc.

Utah Supreme Court Adopts Presumption of Harm in Trade Secret Litigation

Jackson Lewis P.C.·

In a 3-2 decision, the Utah Supreme Court has held that there is a presumption of harm for claims made under the Utah Uniform Trade Secrets Act, Utah Code § 13-24-1, et seq., and for claims for breach of a non-disclosure agreement when a former employee takes confidential information or trade secret

Utah Supreme Court Highlights Importance of Disclaimers in Employee Handbooks

Jackson Lewis P.C.·

Guidance for employers seeking to maintain the at-will status of their employees and prevent employee handbooks and policies from becoming implied-in-fact contracts has come from the Utah Supreme Court, confirming the importance of a clear and conspicuous disclaimer prominently placed in an employee

"Utah Compromise" Prohibits Employment Discrimination Based on Sexual Orientation and Gender Identity

Littler·

On March 12, 2015, Gov. Gary Herbert of Utah signed into law S.B. 296, making Utah the 22nd state to prohibit discrimination in employment based on sexual orientation and the 19th state to prohibit discrimination in employment based on gender identity (plus the District of Columbia). Called the "Uta

Utah Governor Signs Landmark LGBT and Religious Expression Anti-Discrimination Bill

Jackson Lewis P.C.·

Utah Governor Gary Herbert (R) has signed into law a bi-partisan bill protecting lesbian, gay, bisexual, and transgender (LGBT) people from discrimination. While other states and local governments are considering similar initiatives, the Utah law is the first enacted legislation that seeks to balanc

Utah Federal Court Holds Same-Sex Couples Allowed to Marry

Jackson Lewis P.C.·

A U.S. District Court in Utah has held that “Utah’s prohibition on same-sex marriage conflicts with the United States Constitution’s guarantees of equal protection and due process under the law. The State’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so do