In Hawaii, most employment is considered "at will". This form of employment follows the principle that either the employer or the employee may terminate the relationship at any point, for any reason. Essentially, the only limitation or exception in an "at will" employment is that the termination must not conflict with the law.
Employment arrangements that do not qualify as "at will" are not subject to the same limitations and restrictions, so it is essential that you know how your work setup is classified. Work arrangements that are based on an employment contract are often not "at will", and so they cannot be terminated except according to the contract procedures.
What are the Illegal Grounds for Terminating At Will Employment in Hawaii?
The most common illegal ground for terminating a Hawaii employee is discrimination. An employer cannot terminate an employee simply for being of a particular race, nationality, religion or gender. Employers in Hilo may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or initiated an investigation into discrimination.
Furthermore, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Lastly, employers may not terminate workers who exercise their legal rights, perform a legal obligation, or refuse to commit an illegal act.
Do I Need a Hawaii Attorney for My Wrongful Termination Case?
A local Hilo, Hawaii attorney can better inform you about whether a wrongful termination has occurred, and will also help in collecting the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.