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Utley v. Mill Man Steel, Inc., 2015 UT 75 (August 20, 2015)

Aug 20, 2015

Defendant fired plaintiff, a salesman, on account of missing inventory, and withheld payment of commissions. The Supreme Court held that withholding is permissible if there is enough evidence to warrant an offset, and that such a finding of a hearing officer can occur after the fact. The court cautioned that employers withhold unilaterally at their own peril; if a hearing officer finds against the employer, the employer would then be subject to statutory penalties.