Utah Code 78B-4-518. Limitation on liability of employer for employee convicted of offense
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section:
Terms Used In Utah Code 78B-4-518
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a)(1)(a)(i) Except as provided in Subsection (1)(a)(ii), “employee” means an individual whom an employer hired for compensation to perform services.(1)(a)(ii) “Employee” does not include an independent contractor as defined in Subsection 34A-2-103(2)(b).(1)(b) “Employer” means a person, including the state and any political subdivision of the state, that employs one or more employees and is engaged in an industry or business related to:(1)(b)(i) automotive repair and maintenance;(1)(b)(ii) construction;(1)(b)(iii) culinary arts;(1)(b)(iv) manufacturing;(1)(b)(v) oil, gas, or mining;(1)(b)(vi) retail sale of goods or services; or(1)(b)(vii) transportation of freight, merchandise, or other property by a commercial vehicle.
(2) A cause of action may not be brought against an employer for negligently hiring an employee based solely on evidence that the employee has been previously convicted in this state or in another jurisdiction of an offense.
(3) Subsection (2) does not preclude a cause of action for negligent hiring of an employee if the employer knew, or should have known, about the employee’s prior conviction and due to the employee’s prior conviction:
(3)(a) the employer violated state or federal law by hiring or continuing to employ the employee; or
(3)(b) the employer’s hiring of the employee constitutes willful misconduct or gross negligence.
(4) The protections provided to an employer under this section do not apply in a cause of action concerning the misuse of funds or property of a person other than the employer if:
(4)(a) on the date that the employee was hired by the employer, the employee had been previously convicted of an offense that includes fraud or the misuse of funds as an element of the offense; and
(4)(b) it was foreseeable that the position for which the employee was hired would involve duties in managing funds or property.
(5) Section 63G-7-301 does not waive any immunity provided under this section for an employer that is a governmental entity or an employee of a governmental entity as those terms are defined in Section 63G-7-102.
(6) This section does not:
(6)(a) create a cause of action; or
(6)(b) expand an existing cause of action.