Faust v. KAI Technologies, Inc. , 411 Utah Adv. Rep. 22 ( 2000 )

DURHAM, Justice,

concurring:

«[ 22 While I agree with the court's opinion that the plain meaning of section 34-27-1 does not appear to permit the award of attorney fees outside of the litigation context, I am disturbed that this clearly works to discourage out-of-court settlement of disputes, prior to the initiation of litigation, in the employment area. The appellant in this action has recovered his lost wages, but at an enormous cost. This case presents a good argument for the legislature considering the expansion of cost recovery when back wages owed to an employee are involved.