Do We Owe Unemployment If an Employee Doesn't Work Her Final Notice Shifts in Utah?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
An employee gave two weeks' notice on Monday. She went home for lunch and called in sick, then called in sick again the next day with back pain, stating she is optimistic about being able to work Wednesday and Thursday mornings. Can we treat this as her final days of employment if she does not work her required shifts, without paying unemployment?
Attorney Answer
Whether unemployment benefits get paid isn't actually the employer's call. In Utah, unemployment insurance claims are decided by the Department of Workforce Services (DWS) based on the real reason for separation, not by what the employer and employee agree to call the last day.
Under Utah Code 35A-4-405, a claimant can be disqualified from benefits if they voluntarily quit without good cause, or if they were discharged for just cause connected to their work. Here, the employee gave notice, then missed two of her remaining scheduled shifts because of a documented illness. That combination matters. DWS will look at whether the missed shifts were treated as job abandonment, a mutual end of the notice period, or an employer-initiated discharge, and separately whether the illness gave her good cause for the absences. These are fact-specific calls, and different characterizations can lead to different outcomes.
What you can do now
1. Keep a clear written timeline: when notice was given, each call-in, what she said about returning, and what the company decided about her last actual day. 2. Decide and document your own position on her separation date and reason, using consistent language such as "resignation" or "involuntary separation for missed shifts." 3. If she files a UI claim, DWS will send a request for separation information. Respond by the stated deadline. Missing it can limit your ability to contest charges to your account later. 4. Review your handbook's language on no-call/no-show or unworked notice periods, since DWS often checks whether policy was followed consistently.
One more thing worth checking: Utah Code 34-28-5 generally requires final wages within 24 hours of an involuntary separation, or by the next regular payday for a voluntary quit, so how you characterize her last day also affects your final paycheck deadline.
Because the outcome depends on how DWS classifies this specific separation, and your response to any DWS notice is time-sensitive, it would help to have a Utah employment attorney review your documentation before you respond to a claim.
This is general legal information, not legal advice. A local lawyer in Utah can advise you on your specific situation.
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Frequently Asked Questions
Does an employer decide unemployment eligibility in Utah?
No. Eligibility is determined by the Utah Department of Workforce Services based on the reason for separation, not by the employer's own decision. Employers can provide information and contest a claim, but they do not make the final call.
Is calling in sick during a two-week notice period considered job abandonment?
It depends on the facts and the employer's attendance policy. A single documented illness is generally treated differently than an unexplained no-call/no-show pattern, and DWS will look for evidence supporting the absence.
What happens if an employer misses the deadline to respond to a DWS separation notice?
Missing the response deadline can limit the employer's ability to later dispute benefit charges tied to that claim, so it is generally important to respond promptly and completely.
