At-Will Employment in Hawaii
Hawaii is amongst the majority of States considered to be an "at-will" employment State. Generally, this means that in the absence of a contract or union-membership, an employer can dismiss a worker for any reason without establishing "just cause" for termination. An employer doesn't even have to give fair warning. This rule creates fundamental inequality because employers are given substantial bargaining power and workers are left with limited remedies.
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However, there are 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 the below list of protected categories.
Hawaii's Fair Employment Practices Law
Hawaii law outlines several areas where an employer is prohibited from discriminating against its workers. These protected categories include:
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Race
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Gender identity or expression
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Sexual Orientation
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Age
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Religion
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Color
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Ancestry
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Disability
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Marital status
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Arrest/Court Record
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Reproductive Health Decision
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Domestic/Sexual Violence Victim Status
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Absence due to National Guard Service
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Child Support Obligations
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Breastfeeding in the Workplace
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Credit History or Credit Report
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Refusing to undergo a Lie Detector Test
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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 does not 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've been unlawfully discriminated against, terminated, demoted, or refused from hire based on these categories, then you may need to speak to an attorney about potential legal action.
What can you do?
If your employer has taken adverse action against you based on a protected category, your next steps may depend on whether you have been terminated or still remain on the job.
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If you're still employed:
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Follow the company's internal protocols for submitting complaints;
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Make sure that your complaint is submitted in writing;
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Your written complaint should be worded as polite as can be (avoid lashing out) and specifically identify the relevant type(s) of discrimination under the protected categories;
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Be the best employee you can be. Do not give your employer a reason to fire you; and
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Document everything that happens. A successful case will depend in large part on a clear timeline of events
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If your complaint is not appropriately addressed, consider filing a complaint with the Federal Equal Employment Opportunity Commission (EEOC) or the Hawaii Civil Rights Commission (HCRC).
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If you need additional assistance, or have questions, feel free to contact the Sapolu Law Office or submit a message below to schedule a free case evaluation.
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If you were discharged or terminated from employment:
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Call an attorney as soon as possible;
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Don't sign any waivers or severance documents which may prevent you from filing a claim.
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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
There are important limitations as to when you can file a legal claim in Court. Contact an attorney ASAP to determine the potential of bringing an action against the company.
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