Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Employee: means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Utah Code 67-21-2
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.
Good faith: means that an employee acts with:
(a)
subjective good faith; and
(b)
the objective good faith of a reasonable employee. See Utah Code 67-21-2
A political subdivision may adopt an ordinance to establish an independent personnel board to hear and take action on a complaint alleging retaliatory action.
(b)
The ordinance described in Subsection (1)(a) shall include:
(i)
procedures for filing a complaint and conducting a hearing; and
(ii)
a burden of proof on the employer to establish by substantial evidence that the employer’s action was justified by reasons unrelated to the employee‘s good faith actions under Section 67-21-3.
(2)
If a political subdivision adopts an ordinance described in Subsection (1), a political subdivision employee may file a complaint with the independent personnel board alleging retaliatory action.
(3)
If an independent personnel board finds that retaliatory action is taken in violation of the ordinance described in Subsection (1)(a), the independent personnel board may order:
(a)
reinstatement of the employee at the same level as before the retaliatory action;
(b)
the payment of back wages;
(c)
full reinstatement of fringe benefits;
(d)
full reinstatement of seniority rights; or
(e)
if the retaliatory action includes failure to promote, as described in Subsection 67-19a-101(11)(d), a pay raise that results in the employee receiving the pay that the employee would have received if the person had been promoted.
