Zimmerman v. University of UtahAnnotate this Case
A notice of termination may be an adverse employment action independent of an actual termination under the Utah Protection of Public Employees Act (UPPEA).
Plaintiff filed suit against Employer, claiming infringement of her free speech rights under the Utah Constitution and under the UPPEA. Employer moved for summary judgment, arguing, inter alia, that the UPPEA claim was time-barred because Plaintiff suffered an “adverse employment action” triggering the 180-day filing requirement under the UPPEA. The United States District Court certified three questions for the Utah Supreme Court’s review. The Supreme Court declined to exercise its discretion to resolve the first two questions and instead answered only the third question. The court answered the question as set forth above and set forth an analytical framework for assessing whether such employment actions are independent of each other under the UPPEA.