Employer-Side Employment Law
Kaysville Employer Defense & Workplace Law Attorney
Defending Businesses in Workplace Disputes Across Davis County and Northern Utah
One employee complaint can turn into a UALD charge, and then a lawsuit, faster than most business owners expect. Maybe a charge of discrimination just showed up in the mail. Maybe a former employee is threatening to sue. Maybe someone filed an internal complaint, and you're not sure what to do next. If you run the business, you need a Kaysville employer defense attorney who is on your side of the table and will tell you straight what you're dealing with.
I'm David R. Garner, an employer defense attorney. Since 2016, I've defended employers across Davis County and Northern Utah in workplace disputes, from the first internal complaint through a UALD or EEOC investigation and, when it comes to it, into court. I represent employers only, never employees. That means there's no conflict of interest, no divided loyalty, and no chance I've been on the other side of you before. Your side is the only side I take.
I personally review every inquiry and usually respond within one business day.
J.D. cum laude, Kentucky Law Journal
.
Admitted to the Utah State Bar in 2016
.
A decade of courtroom litigation
.
Big-firm and national litigation experience
.
Multiple jury trials and hundreds of hearings
.
Serving Kaysville & Davis County
.
I Represent Employers, Not Employees
One thing up front, because it matters to who reads this page. My employment practice is employer-side only. I represent businesses, owners, and management, not employees bringing claims against them. That's a deliberate choice, and it's good for the clients I serve: because I never take employee-side cases, there's no conflict of interest and no chance I've sat across the table from you in a prior matter.
If you're an employee looking to bring a claim against your employer, that isn't the work I do, and I'll gladly point you toward an attorney who handles that side. The one narrow exception is restrictive covenants and non-competes, which can involve either side of an agreement. If your matter touches a non-compete, reach out, and we'll sort out whether it's something I can help with.
Kaysville Employer Defense Attorney: Who This Is For
Most of my employment clients are the people actually running a workplace and answering for what happens in it, not big companies with a legal department down the hall. That means:
01
Small-business owners and franchisees
You don't have in-house counsel, and you need experienced defense the moment a problem shows up, without paying big-firm rates to get it.
02
HR managers and directors
Often my day-to-day point of contact, whether it's a live charge or a policy you want a second set of eyes on before it causes trouble.
03
Owners and managers making the call
You want practical, business-minded answers you can act on, not a memo full of hedges.
If you're a larger company with in-house counsel, I'm glad to help on specific matters. But the businesses I serve best are the ones where the owner or the HR lead is handling this without a legal team behind them.
Two Ways to Work With Me: Before Trouble, or After
The way I put it to employers is simple: you can hire me to consult before you get in trouble, or to get you out of trouble after you didn't hire me first. Both are worth doing. The first is almost always cheaper than the second.
Proactive Counsel
Before a Claim
The smartest time to call is before there's a problem. That includes reviewing workplace policies and handbooks, getting wage and hour practices right before someone challenges them, handling an internal complaint correctly, and running an internal investigation the right way so it protects you instead of creating new exposure. A problem handled well at this stage often never becomes a charge or a lawsuit at all.
Defense
After a Claim
When a charge, a demand, or a lawsuit has already landed, the work shifts to defense: responding to a UALD or EEOC charge, drafting a position statement, defending discrimination and retaliation claims, handling wage and hour disputes, and litigating in state or federal court when a matter can't be resolved short of it. I build every defense as if it may be tried, because a favorable resolution is usually only on the table when the other side knows you're prepared to see it through.
Employment Matters I Handle
Employer-side employment law covers a wide range of specific matters, each with its own governing law, deadlines, and strategy. Below is the scope of what I handle.
UALD & EEOC charge defense
Responding to a charge of discrimination filed with the Utah Antidiscrimination and Labor Division or the EEOC, including preparing the employer's position statement and managing the investigation from charge through determination.
Workplace internal investigations
Conducting or advising on the internal investigation an employer runs when a complaint comes in, so it's handled thoroughly, documented properly, and holds up if the matter later escalates.
Employment discrimination & harassment defense
Defending employers against claims of discrimination, harassment, and retaliation under the Utah Antidiscrimination Act, Title VII, the ADA, and the ADEA, at the administrative stage and in court.
Wage & hour defense
Defending claims involving unpaid wages, overtime, classification, and related disputes, and advising employers on compliance before a claim is filed.
Restrictive covenants & non-competes
Enforcing and challenging non-compete and non-solicitation agreements, and litigating disputes over restrictive covenants under Utah's Post-Employment Restrictions Act (Utah Code § 34-51-101).
Trade secret misappropriation
Protecting a business when a departing employee takes confidential information or trade secrets, including claims under the Utah Uniform Trade Secrets Act.
Employment contract disputes
Disputes over the terms, enforcement, and interpretation of employment agreements, severance agreements, and related contracts.
Workplace policy & handbook counsel
Reviewing and building the policies, handbooks, and procedures that keep problems from starting, and that give you a defensible record when one does.
ADA & FMLA compliance
Advising employers on accommodation, leave, and compliance obligations under the Americans with Disabilities Act and the Family and Medical Leave Act, and defending claims when they arise.
UOSH & workplace safety matters
Responding to Utah Occupational Safety and Health (UOSH) citations, inspections, and related administrative matters, and advising employers on how to handle them.
UALD Charge Defense: What Most Employers Get Wrong
In Utah, most workplace discrimination and retaliation claims start at the Utah Antidiscrimination and Labor Division (UALD), the state agency that investigates charges under the Utah Antidiscrimination Act (Utah Code § 34A-5-101). The UALD works alongside the federal EEOC, and a charge filed with one is often cross-filed with the other. An employee generally has 180 days to file a charge with the UALD (300 days under the federal scheme through the EEOC), and once a charge is filed, the employer is asked to respond with a position statement.
That position statement is where cases are often won or lost. It's the employer's first and best chance to frame the facts, and anything said in it can follow the matter all the way to court. Too many employers treat a UALD charge as paperwork and answer it without counsel, only to find they've locked themselves into a version of events that comes back to haunt them in litigation.
This is a core part of my practice. I have defended dozens of UALD investigations on behalf of employers, and I know how these matters tend to move, what the investigators look for, and how to respond in a way that resolves the charge at the agency stage rather than letting it become a lawsuit. Handling a charge correctly at the UALD is almost always cheaper and less disruptive than defending the lawsuit it can turn into.
Just Received a Charge of Discrimination?
The response window is short, and what you say in your position statement matters. Talk to a Utah employer defense attorney before you respond.
Experience Defending Utah Employers
My employment work is one of the strongest, most established parts of my practice. Over roughly a decade litigating, much of it at large regional and national firms including one of the largest in the country, I've counseled employers and defended them in workplace disputes at every stage, from the internal complaint to the administrative charge to the courtroom.
That includes defending dozens of UALD investigations with a strong track record, serving as a workplace investigation attorney advising employers on internal complaints, and defending multi-plaintiff matters where several employees brought claims against a single employer. As a wage and hour defense attorney and a non-compete enforcement lawyer, I've handled discrimination, retaliation, wage and hour, contract, trade-secret, and restrictive-covenant matters in administrative proceedings and in Utah state and federal court.
I won't quote you win rates or dollar figures. No attorney can ethically promise a result, and the specifics of past matters stay confidential. What I can tell you is that this is work I've done many times, on your side of it, and I'll give you a straight assessment of where your matter actually stands.
How I Approach Employer Defense
My approach is ethical, resourceful, and practical, focused on the best available solution for your business. In employment matters, that usually means getting ahead of the problem: the work gets done early, at the charge stage or the internal-complaint stage, where a matter is far cheaper to handle correctly than after it becomes a lawsuit.
When a matter can be resolved efficiently and on terms that protect you, that's usually the better outcome than years of litigation. That preparation is what makes a favorable resolution possible in the first place: the other side settles on fair terms when they can see you're ready to litigate. I strive to resolve matters as efficiently as I can without ever sacrificing the quality of the strategy or your ultimate goals.
Why Employers Choose Garner Legal LLC
No conflict, ever
Because I represent employers exclusively, I've never been adverse to a business like yours, and I never will be. You get a defense attorney whose loyalties aren't split across both sides of the employment relationship.
The senior attorney is the one doing the work
Your position statement, your investigation, your defense strategy: I handle them personally, not a junior associate learning on your matter. You always know who is answering for your case.
Big-firm firepower, small-firm access
I spent my first decade litigating at respected regional and national firms, including one of the largest in the country. You get that level of preparation on your workplace dispute without the layers, the handoffs, or the enterprise billing.
No false comfort
I won't promise you an outcome or tell you what you'd like to hear. You'll get an honest read on your exposure, the cheapest defensible path when one exists, and a litigator ready to try the case if it comes to that.
An Employer Defense Attorney in Davis County and Northern Utah
Employment disputes in this area are handled before the UALD and the EEOC at the administrative stage and, when they proceed to litigation, in the Second District Court that serves Davis County or in the U.S. District Court for the District of Utah. As a Kaysville employer defense attorney, I represent employers throughout Kaysville, Layton, Farmington, Bountiful, Clearfield, Syracuse, and the surrounding communities of Northern Utah.
I built Garner Legal LLC here in Kaysville on purpose. I grew up here, I'm raising my kids here, and I practice here, not as a statewide firm treating Davis County as one more pin on a map, but as a local attorney who knows these courts and this community.
What Working Together Looks Like
Tell me what happened.
Bring me the charge, the complaint, or the situation you're worried about. In a first conversation, I'll tell you honestly whether it's something I can help with and how serious it looks.
Know your exposure
I walk you through what's actually at stake, which deadlines are already running, and the realistic options — settle, defend, or get ahead of it — in plain business terms.
I handle it directly
If we work together, I take the matter from the position statement or answer through the agency process, negotiation, and court if it gets there. You deal with me, start to finish.
Other Practice Areas
Employer-side employment law is one of four areas I focus on. If your matter falls elsewhere, or overlaps more than one, these cover the rest of what I handle:
Common Questions
Frequently Asked Questions about Kaysville Employer Defense
Do you represent employees or only employers?
I represent employers only: businesses, owners, and management, never employees bringing claims against them. That focus means there's no conflict of interest and no divided loyalty. The one narrow exception is restrictive covenants and non-competes, which can involve either side of an agreement; if your matter touches a non-compete, reach out, and we'll determine whether it's something I can handle.
What is a UALD charge, and how should I respond?
A UALD charge is a formal complaint of discrimination, harassment, or retaliation filed against an employer with the Utah Antidiscrimination and Labor Division under the Utah Antidiscrimination Act (Utah Code § 34A-5-101). Once a charge is filed, you'll be asked to submit a position statement responding to the allegations. That statement can shape the entire matter, so the safest move is to talk to an employer defense attorney before you respond rather than after.
How long does a UALD or EEOC investigation take?
It varies widely depending on the agency's caseload and the complexity of the charge, and it can run from several months to well over a year. An employee generally must file within 180 days with the UALD, or 300 days under the federal scheme through the EEOC. Because timelines and deadlines interact, it helps to have counsel track them and manage the response from the start.
Do you help with internal investigations before a lawsuit is filed?
Yes. When an internal complaint comes in, how the employer investigates it matters enormously. A thorough, well-documented internal investigation can resolve a problem early and give you a defensible record if the matter later escalates. I advise employers on running these investigations correctly, and I conduct or support them directly. This is proactive work that often prevents a charge or lawsuit entirely.
Can an employer enforce a non-compete in Utah?
Utah employers can generally enforce reasonable restrictive covenants, but the Utah Post-Employment Restrictions Act (Utah Code § 34-51-101) limits many post-employment non-competes to one year, and courts scrutinize their scope, duration, and geographic reach. Whether a specific agreement holds up depends on how it's drafted and the circumstances of enforcement. Restrictive covenants are the one employment area I may handle on a side-neutral basis.
What employment laws apply to Utah employers?
Utah employers are subject to both state and federal law, including the Utah Antidiscrimination Act, Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act, along with wage and hour and trade-secret statutes. Which laws apply to your situation depends on your size, industry, and the specific claim, which is exactly what a first conversation sorts out.
What is an employer's position statement?
A position statement is the employer's written response to a charge of discrimination filed with the UALD or EEOC. It lays out the employer's account of the facts and the legitimate, non-discriminatory reasons for the decisions at issue. It's often the single most important document in the administrative process, because the agency relies on it and anything in it can surface later in litigation. It should be prepared carefully and with counsel.
My company is small and has no HR department. Can you still help?
Yes, small businesses and franchisees are exactly who I most often represent. Companies without an in-house legal team are the ones most exposed when a workplace problem appears, and the ones who benefit most from experienced defense counsel. Whether you need a policy reviewed before trouble starts or a defense after a claim is filed, you'll work with me directly.
What should I do first if a former employee threatens to sue?
Preserve everything: emails, personnel files, and any documentation related to the decision at issue, and avoid discussing the matter with the employee or others in ways that could complicate a defense. Then talk to an employer defense attorney quickly. Early guidance can protect your position, prevent avoidable mistakes, and sometimes resolve a threat before it becomes a filed claim.
Talk to a Kaysville Employer Defense Attorney Before Small Problems Become Big Ones
Employment claims get more expensive and harder to defend the longer they sit. Whether you've received a charge, you're facing a lawsuit, or you just want a policy reviewed before it causes trouble, an early conversation with an experienced Kaysville employer defense attorney can protect your business and your options.
You don't have to figure this out alone. Let's talk it through and see where you stand.
I personally review every inquiry and typically respond within one business day.
Tell Me What's Happening
Share a few details and I'll personally review your situation. There's no pressure and no obligation, just a conversation about where you stand and what your options are. Every message is kept confidential.
Office
330 Main Street, Suite
25 Kaysville, Utah 84037
dgarner@garnerlegalutah.com
Business Hours
Mon – Fri, 9 AM – 5 PM
I personally review every inquiry and typically respond within one business day.
Submitting this form does not create an attorney-client relationship. Please do not share confidential or time-sensitive details until we have formally agreed to work together.