Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Employee: means an individual who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Utah Code 61-1-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Person: means :
(i)
an individual;
(ii)
a corporation;
(iii)
a partnership;
(iv)
a limited liability company;
(v)
an association;
(vi)
a joint-stock company;
(vii)
a joint venture;
(viii)
a trust where the interests of the beneficiaries are evidenced by a security;
An employee who alleges a violation of Section 61-1-104 may bring a civil action for injunctive relief, actual damages, or both.
(b)
An employee may not bring a civil 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)
An employee may bring an action under this section in the district court for the county where:
(a)
the alleged violation occurs;
(b)
the employee resides; or
(c)
the person against whom the civil complaint is filed resides or has a principal place of business.
(4)
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.
(5)
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 (5).
(6)
(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 (6) 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
