An employee may not bring an action under this section more than:
(i)
four years after the day on which the violation of Section 61-1-104 occurs; or
(ii)
two years after the date when facts material to the right of action are known or reasonably should be known by the employee alleging a violation of Section 61-1-104.
(3)
To prevail in an action brought under this section, an employee shall establish, by a preponderance of the evidence, that the employee has suffered an adverse action because the employee, or a person acting on the employee's behalf, engaged or intended to engage in an activity protected under Section 61-1-104.
(4)
A court may award as relief for an employee prevailing in an action brought under this section:
(a)
reinstatement with the same fringe benefits and seniority status that the individual would have had, but for the adverse action;
(b)
two times the amount of back pay otherwise owed to the individual, with interest;
(c)
compensation for litigation costs, expert witness fees, and reasonable attorney fees;
(d)
actual damages; or
(e)
any combination of the remedies listed in this Subsection (4).
(5)
(a)
An employer may file a counter claim against an employee who files a civil action under this section seeking attorney fees and costs incurred by the employer related to the action filed by the employee and the counter claim.
(b)
The court may award an employer who files a counter claim under this Subsection (5) attorney fees and costs if the court finds that:
(i)
there is no reasonable basis for the civil action filed by the employee; or
(ii)
the employee is not protected under Section 61-1-104 because:
(A)
the employee engaged in an act described in Subsections 61-1-104(2)(a) through (c); or
Section 61-1-105 ("Remedies for employee bringing action.") 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 § 61-1-105?
A common citation format is "Utah Code § 61-1-105" (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 § 61-1-105 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.
