Generally, when an employee is acknowledged as being hired "at-will," courts will deny an employee any claim for loss resulting from dismissal, even if the employer didn't give the worker any advance notice prior to termination.  However, Hawaii law does recognize an exception which holds an employer liable for wages in certain situations where an employee gives notice but the company terminates employee before that notice period ends.  

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Here is a sample scenario that might be typcial under this provision: 

• Employer has a policy requiring employees to give advanced notice prior to leaving employment. 

• Employee gives two-weeks notice pursuant to the policy. 

• Employer terminates the worker immediately after the employee gives their two-weeks notice. 

In this situation, the employee may have a legal claim and the employer may be liable to pay wages for the two week period. 

If you find yourself in this situation, contact an attorney as soon as possible. 

​Don't sign any waivers or severance documents which may prevent you from filing a claim in court.  

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• If the company insists that you sign their paperwork, ask for more time to consult an attorney.  At a minimum, you could always say "I need some time to review this with my family and will get back to you within a few days."  Then make sure you follow up with an attorney. 

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Timing Limitations

The courts may limit the time when a claim under this provision can be filed.  Contact an attorney soon after you are released from your position. 

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