2-18-621. Unlawful termination -- unlawful payments.
217 words·~1 min read·
/mt/title-2/chapter-18/part-6/2-18-621·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
2-18-621 . Unlawful termination -- unlawful payments.
(1)It is unlawful for an employer to terminate or separate an employee from employment in an attempt to circumvent the provisions of 2-18-611 , 2-18-612 , and 2-18-614 . If a question arises under this subsection, it must be submitted to arbitration as provided in Title 27, chapter 5, as if an agreement described in 27-5-114 is in effect, unless there is an applicable collective bargaining agreement to the contrary.
(a)An employee who terminates employment is entitled to receive only:
(i)payments for accumulated wages, vacation leave as provided in 2-18-617 , sick leave as provided in 2-18-618 , and compensatory time earned as provided in the rules or policies of the employer; and
(ii)if the termination is the result of a reduction in force, severance pay and a retraining allowance as provided for in 2-18-622 .
(b)An employee who terminates employment may not receive severance pay, a bonus, or any other type of monetary payment not described in subsection (2)(a)(i) or (2)(a)(ii).
(3)Subsection
(2)does not apply to:
(a)retirement benefits;
(b)a payment, settlement, award, or judgment that involves a potential or actual cause of action, legal dispute, claim, grievance, contested case, or lawsuit; or
(c)any other payment authorized by law.