Hawaii is amongst the majority of States which are considered to be "at-will" employment jurisdictions. Generally, this means that private, non-union, and non-contract employers can dismiss a worker for any reason without establishing "just cause" for termination.  An employer might even terminate a worker without fair warning.  This rule creates fundamental inequality as employers are given substantial bargaining power, and workers are left with limited recourse. 

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However, there are specific grounds where a worker can challenge the adverse actions of his or her employer. Under Federal and State laws, employers are prohibited from discriminating against employees, or potential hires, based on protected categories.  These laws also protect workers who stand up against misconduct in the workplace.  Click here for more information. 

Hawaii law outlines several areas where an employer is prohibited from discriminating against its workers. These protected categories include: 

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• Race

• Gender identity or expression

• Sexual Orientation

• Age

• Religion

• Color

• Ancestry 

• Disability 

• Marital status

• Arrest/Court Record

• Reproductive Health Decision

• Domestic/Sexual Violence Victim Status

• Absence due to National Guard Service

• Child Support Obligations

• Breastfeeding in the Workplace

• Credit History or Credit Report

• Refusing to undergo a Lie Detector Test

• Leave of Absence Related to Bone Marrow, Peripheral Blood Stem Cell, or Organ Donation

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Although Hawaii is an "at-will" employment State, it doesn't mean that employers are given unlimited authority to do as they please.  Hawaii lawmakers have identified the above protected categories to make Hawaii's workplaces more inclusive and accessible.  If you you have been unlawfully discriminated against, wrongfully terminated, demoted, or refused from hire based on these categories, then you may have a viable claim and should consult with an attorney immediately. 

Speaking up against your boss can be the hardest thing to do.  Thankfully, there are laws which protect workers who stand up and report instances of discrimination based on protected categories. 

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When you: 

• assert a legal right,

• report discrimination,

• submit a complaint,

• participate in an investigation, or

• particpate in any protected activity,

Then our laws protect you from adverse action including certain forms of mistreatment, demotion, and termination. 

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Having the courage to speak up against your employer can be difficult, but when it's done in the face of unlawful discrimination, it is an absolute necessity.  Click here for more information. 

It's important to highlight that not all forms of retaliation may be unlawful.  There is a difference between awful conduct (which may be permissible) and unlawful conduct (dicrimination based on protected categories).  Identifying whether the retalation is unlawful is a crucial first step. 

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Click here for more information. 

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Similar to Hawaii's Workplace Retaliation law, Hawaii's Whistleblower's Protection Act protects workers who report violations of the law internally to the company or to an outside law enforcement agency. 

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Employers are prohibited from firing, threatening, or otherwise discriminating against these workers.  This law is designed to encourage employees in reporting illegal activity without fear of retaliation.  These protections also apply to State and County employees. 

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Having the courage to speak up against powerful employers can be difficult, but when it's done in the face of unlawful discrimination or illegal conduct, it is an absolute necessity. 

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Click here for more information or submit a message below to schedule a free case evaluation.  

A difficult situation at work can create a "hostile work environment" for many Hawaii employees.  The reasons for an unpleasant work environment might be due to several factors, for example: rude supervisors; unprofessional co-workers; obnoxious clientele the lack of team-work; the lack of benefits or privileges; poor leadership; or the lack of recognition for accomplished work.  

Unfortunately, the reality of "at-will" jurisdictions leaves workers with limited recourse when it comes to addressing issues in the workplace.  When relying on Hawaii's Fair Employment Practices law, the cause of the hostility or mistreatment must relate to discrimination based on one or more of the protected categories.  

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Click here for more information.

It is an unfortunate reality that sexual harassment exists in many work environments.  Statistics have shown that aproximately 72% of workplace sexual harassment goes un-reported.  Perpetrators of this abuse should not be allowed to escape accountability for their actions.  Victims of workplace sexual harassment have potential claims that can be raised to hold abusers, and the companies that allow this abuse to continue, liable for their actions.    

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If you you are a victim of sexual abuse, please consider contacting the Sapolu Law Office to schedule a free case evaluation.  This office can take legal action to protect victims and punish unlawful behavior in the workplace.  Click here for more information.

The prevlance of domestic abuse and sexual violence is an unfortunate reality for many victims living in Hawaii.  In recognition of this, and to help workers who may be victims of domestic or sexual violence, our State Legislature has enacted laws requiring some employers to grant victims unpaid leave and to make reasonable accomodations in the workplace.  See here for more information. 

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As a victim of domestic and sexual violence, you are entitled to these protections.  If your employer fails or refuses to abide by Hawaii's Victim Protections law, then you may have grounds to file a claim against them. Please feel free to contact the Sapolu Law Office to schedule a free case evaluation. 

Being paid for the work you do is the most basic right of every worker.  Hawaii has minimum wage and overtime compensation laws designed to ensure that all Hawaii workers receive fair compensation for services and work rendered.  

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Statistics compiled by the Federal Department of Labor indicate that millions of dollars of back-pay were recovered by Federal agencies from employers over the years.  These numbers tell us that many employers (knowingly or unknowingly) violate Wage and Hour laws.  Click here for more information.

Hawaii laws prohibit employers from discrimination in the payment of wages between persons of different races, religions, or gender.  This means that an employer cannot have different rates of pay for employees based on improper rationale.  Any disparity in pay for the same type of work should be identified and made known to employers.  Click here for more information.

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 did not give the worker any advance notice prior to termination.  However, Hawaii law does recognize an exception which holds an employer liable for wages if an employee is terminated after that employee gives notice prior to leaving a job. 

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Click here for more information.

Both Hawaii and Federal laws allow whistleblowers to file lawsuits if they know of fraud that has caused the government to lose money.  In certain scenarios, whistleblowers may receive between 15% and 25% of amounts recovered if the government intervenes in the lawsuit, and between 25% and 30% of the recovery if the whistleblower prosecutes the action on their own. 

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Hawaii law also protects employees who bring these types of actions against their employers.  Employers are prohibited from discharging, demoting, suspending, threatening, harassing, or discriminating in any way against workers who report illegal conduct by the company. 

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If you believe these provisions of law apply to your situation, then feel free to contact the Sapolu Law Office or submit a message below to schedule a free case evaluation.  The Sapolu Law Office can utilize State and Federal laws to bring fraudulent conduct to light.  Click here for more information. 

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