Wrongful Termination in Hawaii
State-specific overview · Employment Law
Hawaii recognizes wrongful termination claims but requires employees to exhaust administrative remedies with the Labor Commissioner first.
How Hawaii treats Wrongful Termination
Hawaii courts recognize wrongful termination as a tort when firing violates public policy, such as retaliation for jury duty or workers' compensation claims. Employees must generally file a complaint with the Hawaii Department of Labor and Industrial Relations before pursuing civil litigation. The state also protects employees from termination for refusing illegal acts or reporting safety violations. Hawaii's at-will employment doctrine contains these significant public-policy exceptions that favor worker protection.
The general definition of Wrongful Termination
Illegal firing of an employee in violation of law, contract, or public policy.
Wrongful termination occurs when an employer fires an employee for an illegal reason or in violation of an employment contract or established public policy. Common illegal reasons include retaliation for reporting safety violations, discrimination based on race or gender, refusal to commit an illegal act, or exercising a legal right like jury duty. In most US states, employment is at-will, meaning employers can fire workers for almost any reason, but there are important exceptions. An employee who is wrongfully terminated can sue for damages, including lost wages and emotional distress.
Read the full Wrongful Termination entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Hawaii.