Employees wrongfully terminated from jobs can undergo financial strain and emotional stress. Since a wrongful dismissal is illegal, these employees may decide to pursue legal action against their employer.
- Types of Illegal Termination in Hawaii
- Types of Legal Termination in Hawaii
- At-will Employment Exceptions in Hawaii
- Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Hawaii
- Filing a Lawsuit Against Your Employer in Hawaii
Employees wrongfully fired from jobs will need to identify the law broken by an employer before filing a claim.
What is a wrongful termination? Wrongful termination in Hawaii occurs when an employer dismisses an employee due to discriminatory or retaliatory circumstances. Employees wrongfully fired in HI were let go from a company due to illegal reasons that violate a federal or state law.
The former employee needs to prove an unlawful termination occurred through substantial evidence by the employee in a court of law.
Hawaii Unemployment Resources
Types of Illegal Termination in Hawaii
There are different types of unlawful terminations from employment that are valid claims by dismissed workers in a court of law. The types of illegal terminations in Hawaii include discriminatory firing based on an employee’s gender, race, ethnicity, religion, age, disability or veteran status.
Additional types of illegal firing in HI arise when an employer fires a worker because the employee is involved in an open court case against the company, such as a sexual discrimination case.
Terminated employees should study these types of illegal dismissal of employment before submitting a claim against their previous employer. After reviewing the types of unlawful terminations, an employee can identify the cause of action to sue and the law the employer violated.
The federal and state government enforce these types of illegal termination of employment in Hawaii and if an employee is the victim of wrongful termination, he or she can rightfully pursue a claim against a former employer.
Types of Legal Termination in Hawaii
Legal reasons for terminating employees in Hawaii may include the closing of a business or layoffs. Additional types of legal termination of employment may include a worker’s documented decline in performance or the end of a contract.
These types of legal firing may seem unjust and inconvenient for workers, but they are not against the law. When an employer commits one of these types of legal termination in Hawaii, a dismissed worker may feel the need to seek legal action for damage caused.
However, these types of legal dismissal of employment do not violate any federal or state law, so terminated employees have no basis for filing a court case or claim against the former employer.
At-Will Employment Exceptions in Hawaii
Is Hawaii an at will state? Although some exceptions to at-will employment are under observation by the state, Hawaii is an at-will employment state. At will employment exceptions in Hawaii enhance the at-will employment doctrine so employers and employees can experience fair and profitable relationships.
What is employment at will? The at-will employment doctrine states that either party can terminate the working relationship between an employer and employee at any time if the termination is within the context of the law and with good intent.
Almost every state in the U.S. observes the at-will employment law. Exceptions to at-will employment include terminations that directly violate public policy in the state or firings when an implied contract is currently in place.
Other exceptions to at-will employment in the nation include the covenant of good faith and fair dealing exception, ensuring that all employers terminate employees with good intentions, fairly and in good faith.
Note: At will exceptions in Hawaii include the public-policy and the implied-contract exception. The state does not currently recognize the covenant of good faith and fair dealing exception.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Hawaii
To file a wrongful termination discrimination charge, you will need to submit a claim to the Equal Employment Opportunity Commission (EEOC) within 180 days of your wrongful dismissal. Filing a charge of discrimination in Hawaii is available by mail, phone or in person at the Honolulu office.
When examining the process of how to file a charge of employment discrimination, you may note that an EEOC representative will first interview you upon submission to verify that your claim is valid and pursuable.
The process of how to file an EEOC employment discrimination claim can have several different outcomes. After you file a wrongful termination discrimination charge in HI and EEOC deems your claim legitimate, they may suggest mediation between you and your employer.
Mediation can take about three months to conclude, and an unsuccessful mediation process may lead the EEOC to attempt a voluntary settlement with both parties. After filing a charge of discrimination in Hawaii, a voluntary settlement can take 10 months to reach with your former employer.
If there is no agreed-upon settlement, the EEOC may grant you the Notice of Right to Sue or legal staff at the agency may file a lawsuit on your behalf.
Filing a Lawsuit Against Your Employer in Hawaii
Employees can file a lawsuit against employers for wrongful termination if the EEOC has granted the Notice of Right to Sue. When suing for wrongful termination in Hawaii, it is your task to prove the cause of action for your lawsuit.
After filing a wrongful termination claim against an employer, you will need to provide clear evidence (documentation, witness testimonials, etc.) of your employer’s wrongdoing.
Can I file a lawsuit for wrongful termination? If you file a lawsuit against your employer in Hawaii, you should know which law your employer broke and prepare evidence and a detailed account of the events that occurred.
Before researching how to file a wrongful termination lawsuit, you should consider hiring an attorney. The advice and assistance of a lawyer can help lead you to a successful conclusion of the lawsuit.
Last Updated: October 18, 2022