67-21-3 - Reporting of governmental waste or violations of law -- Employer action -- Exceptions. - Utah Statutes

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Statutes > Utah > Title-67 > Chapter-21 > 67-21-3

67-21-3. Reporting of governmental waste or violations of law -- Employer action --Exceptions.
(1) (a) An employer may not take adverse action against an employee because theemployee, or a person authorized to act on behalf of the employee, communicates in good faiththe existence of any waste of public funds, property, or manpower, or a violation or suspectedviolation of a law, rule, or regulation adopted under the law of this state, a political subdivisionof this state, or any recognized entity of the United States.
(b) For purposes of Subsection (1)(a), an employee is presumed to have communicated ingood faith if he gives written notice or otherwise formally communicates the waste, violation, orreasonable suspicion to the state auditor. This presumption may be rebutted by showing that theemployee knew or reasonably ought to have known that the report is malicious, false, orfrivolous.
(2) An employer may not take adverse action against an employee because an employeeparticipates or gives information in an investigation, hearing, court proceeding, legislative orother inquiry, or other form of administrative review held by the public body.
(3) An employer may not take adverse action against an employee because the employeehas objected to or refused to carry out a directive that the employee reasonably believes violates alaw of this state, a political subdivision of this state, or the United States, or a rule or regulationadopted under the authority of the laws of this state, a political subdivision of this state, or theUnited States.
(4) An employer may not implement rules or policies that unreasonably restrict anemployee's ability to document the existence of any waste of public funds, property, ormanpower, or a violation or suspected violation of any laws, rules, or regulations.

Amended by Chapter 324, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-67 > Chapter-21 > 67-21-3

67-21-3. Reporting of governmental waste or violations of law -- Employer action --Exceptions.
(1) (a) An employer may not take adverse action against an employee because theemployee, or a person authorized to act on behalf of the employee, communicates in good faiththe existence of any waste of public funds, property, or manpower, or a violation or suspectedviolation of a law, rule, or regulation adopted under the law of this state, a political subdivisionof this state, or any recognized entity of the United States.
(b) For purposes of Subsection (1)(a), an employee is presumed to have communicated ingood faith if he gives written notice or otherwise formally communicates the waste, violation, orreasonable suspicion to the state auditor. This presumption may be rebutted by showing that theemployee knew or reasonably ought to have known that the report is malicious, false, orfrivolous.
(2) An employer may not take adverse action against an employee because an employeeparticipates or gives information in an investigation, hearing, court proceeding, legislative orother inquiry, or other form of administrative review held by the public body.
(3) An employer may not take adverse action against an employee because the employeehas objected to or refused to carry out a directive that the employee reasonably believes violates alaw of this state, a political subdivision of this state, or the United States, or a rule or regulationadopted under the authority of the laws of this state, a political subdivision of this state, or theUnited States.
(4) An employer may not implement rules or policies that unreasonably restrict anemployee's ability to document the existence of any waste of public funds, property, ormanpower, or a violation or suspected violation of any laws, rules, or regulations.

Amended by Chapter 324, 2010 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-67 > Chapter-21 > 67-21-3

67-21-3. Reporting of governmental waste or violations of law -- Employer action --Exceptions.
(1) (a) An employer may not take adverse action against an employee because theemployee, or a person authorized to act on behalf of the employee, communicates in good faiththe existence of any waste of public funds, property, or manpower, or a violation or suspectedviolation of a law, rule, or regulation adopted under the law of this state, a political subdivisionof this state, or any recognized entity of the United States.
(b) For purposes of Subsection (1)(a), an employee is presumed to have communicated ingood faith if he gives written notice or otherwise formally communicates the waste, violation, orreasonable suspicion to the state auditor. This presumption may be rebutted by showing that theemployee knew or reasonably ought to have known that the report is malicious, false, orfrivolous.
(2) An employer may not take adverse action against an employee because an employeeparticipates or gives information in an investigation, hearing, court proceeding, legislative orother inquiry, or other form of administrative review held by the public body.
(3) An employer may not take adverse action against an employee because the employeehas objected to or refused to carry out a directive that the employee reasonably believes violates alaw of this state, a political subdivision of this state, or the United States, or a rule or regulationadopted under the authority of the laws of this state, a political subdivision of this state, or theUnited States.
(4) An employer may not implement rules or policies that unreasonably restrict anemployee's ability to document the existence of any waste of public funds, property, ormanpower, or a violation or suspected violation of any laws, rules, or regulations.

Amended by Chapter 324, 2010 General Session