Utah § 34-38-8 - Employer's disciplinary or rehabilitative actions.
Full text of Utah Utah Code § 34-38-8 — Employer's disciplinary or rehabilitative actions., with citation guidance and answers to common questions.
§ 34-38-8. Employer's disciplinary or rehabilitative actions.
34-38-8.
Employer's disciplinary or rehabilitative actions.
(1)
An employer may take an action described in Subsection (2) if:
(a)
the employer receives a test result that:
(i)
indicates a failed test;
(ii)
is confirmed as required by Subsection 34-38-6(6); and
(iii)
indicates a violation of the employer's written policy; or
(b)
an employee or prospective employee refuses to provide a sample.
(2)
An employer may use a test result or a refusal described in Subsection (1) as the basis for disciplinary or rehabilitative actions, which may include the following:
(a)
a requirement that the employee enroll in an employer-approved rehabilitation, treatment, or counseling program, which may include additional drug or alcohol testing, as a condition of continued employment;
(b)
suspension of the employee with or without pay for a period of time;
(c)
termination of employment;
(d)
refusal to hire a prospective employee; or
(e)
other disciplinary measures in conformance with the employer's usual procedures, including a collective bargaining agreement.
Section 34-38-8 ("Employer's disciplinary or rehabilitative actions.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 34-38-8?
A common citation format is "Utah Code § 34-38-8" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 34-38-8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
