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What to know about wrongful termination rules in Hawaii

On Behalf of | Aug 10, 2021 | Wrongful Termination

In the state of Hawaii, your employer generally doesn’t need a reason to terminate your employment. However, this is not true if the terms of your employment contract stipulate that one must be given. Furthermore, this may not be true if you are part of a union that works under the terms of a collective bargaining agreement. Finally, you cannot be terminated for any reason that violates state or federal law.

You can’t be terminated because of your age, orientation or gender

Employers are not allowed to make employment decisions based on a person’s gender or sexual orientation, and it’s generally not permissible to make employment decisions based primarily on a person’s age. You may be covered by the Age Discrimination in Employment Act if you were 40 or older at the time of your termination.

You can’t be terminated because of financial issues

Your employer is not allowed to base an employment decision on the fact that you have filed for a Chapter 13 bankruptcy. Furthermore, you can’t lose your job simply because the company that you work for has been asked to garnish your wages to repay an outstanding debt. It may be possible to file a wrongful termination lawsuit if you were relieved of your duties after filing a workers’ compensation claim.

If you believe that you were wrongfully terminated, you have 30 days to file a claim against your employer. Failure to adhere to this deadline may result in your case being dismissed regardless of its merits. In the event that your claim is successful, it may be possible to obtain back pay, the value of benefits lost and reinstatement to your current position.