If you were wrongfully terminated in Hawaii, you may be eligible to file a claim against your employer. Although Hawaii is an “at will” state, which means that your employer is not required to give reason for termination, there are instances in which wrongful termination takes place. These include if you have a contract that requires notification of the cause, or you are a member of a union that has a Collective Bargaining Agreement with your employer. Here is a closer look at wrongful termination in Hawaii.
What Are My Rights for Wrongful Termination in Hawaii?
While Hawaii is an at-will state, wrongful termination can still take place. As an example, if you have an employment agreement that requires that you be notified of the reason of termination and you are not, then the agreement has been breached.
If you are a union member, and that union has a Collective Bargaining Agreement with your employer, then you should speak with your union. If you were terminated because it was an act of discrimination – race, age, religion, sexual orientation, color, disability, ancestry, arrest or court record, or marital status, then you should contact the Hawaii Civil Rights Commission (HCRC) or the Equal Employment Opportunity Commission (EEOC).
Who Is Protected from Wrongful Termination In Hawaii?
Laws regarding discriminatory firing are federal, and if an employer has 15 or more workers, then the laws apply to them. Hawaii state laws applying to military leave apply to all employees who are enlisted in the military. Also, if any employee is called for jury duty, employers are required to allow them to take that unpaid leave, or they will face penalties and can face special damages in a wrongful termination lawsuit.
All employers must allow employees as much as two hours of paid leave, so they can vote unless the employee already is off two consecutive hours while the polls are open. If you are a whistleblower who has reported your employer for unethical or illegal practices, you are protected from retaliation and wrongful termination.
Suing For Wrongful Termination in Hawaii
If you have been wrongfully terminated from your job in Hawaii, you need to get your claim underway in a timely manner. This means you should promptly contact the HCRC or EEOC depending on the nature of your termination. If it was a breach of contract, then speak with an attorney who handles such matters, or if you are a union member, contact your union representative. Time is limited, so do not wait too late to file a claim and recover your damages.
Get Help With Your Hawaii Wrongful Termination Claim
If you are a victim of wrongful termination in Hawaii, you should enlist the help of an employment law attorney who handles wrongful termination claims. Some lawyers take these claims on a contingency basis while others require a retainer and charge an hourly rate. Complete the Free Case Evaluation Form on this page to share the details of your Hawaii wrongful termination claim with an attorney who represents clients in your area.
