In Hawaii, most employment is considered "at will". This type of employment follows the principle that either the employer or the employee may terminate the relationship at any time, for any reason. Basically, 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 important 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 provisions.
What are the Illegal Grounds for Terminating At Will Employment in Hawaii?
Discrimination is the most common illegal grounds for terminating an employee in Hawaii. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. Employers in Pukalani may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or prompted an investigation into discrimination.
Additionally, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. Lastly, employees are protected from being fired by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.
Do I Need a Hawaii Attorney for My Wrongful Termination Case?
Pukalani, Hawaii lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. They will also be able to help you gather the proper information and documents, and will guide you through any unique or special procedures.