Utah Employers and Employees Have Contracts Just Like Everyone Else

Utah is an at-will employment state, meaning that “either the employer or the employee may terminate the employment for any reason (or no reason) except where prohibited by law.” This termination right, however, is not without limitation and could be modified either by written or verbal agreement. So, as with most legal rules, there are exceptions. Let’s take a look at a recent Utah Supreme Court case, Vander Veur v. Groove Entertainment Technologies to see how this plays out in real life:

Continue reading “Utah Employers and Employees Have Contracts Just Like Everyone Else”

How to Use a Liquidated Damages Clause in Utah Contracts

20160414_110419
Not your car. Not my car. Note the little sticker on the front bumper: don’t touch.

What happens when you suffer harm from a breach of contract that you cannot prove or would have a very difficult time proving? Such as for a delay? Often your damages will go unreimbursed.

One typical situation is for delay in contract performance– “Time Is Money,” right? The proof of damages under this axiom is often nearly impossible or at least impractical. For example, if a construction delay causes you to open your new business four weeks later than planned, how do you prove damages? You have no history of income and it would be claimed that any damages would be pure speculation. Enter liquidated damages. Continue reading “How to Use a Liquidated Damages Clause in Utah Contracts”