1. Home
  2.  | 
  3. Wrongful Termination
  4.  | When can you claim wrongful termination in Hawaii?

When can you claim wrongful termination in Hawaii?

On Behalf of | Nov 22, 2021 | Wrongful Termination

As an at-will state, Hawaii limits the circumstances in which employees can receive legal compensation for wrongful termination. If you feel you received unfair dismissal from your workplace, these laws will determine whether you have a case.

Review the possible situations regarded as wrongful workplace termination in Hawaii.

Medical problems

Your employer cannot fire you because you file a workers’ compensation claim for a work-related illness or injury. In addition, a positive substance use screening for drugs or alcohol in an on-site test cannot result directly in dismissal. You must receive the opportunity to complete medical treatment for addiction.

Legal concerns

If you file for bankruptcy or accrue debt that results in wage garnishment, your employer may become aware of this financial situation. The employer cannot fire you for this reason.

If you work under a contract, you may have a case for wrongful discrimination if it stipulates reasons for termination. In this case, you could possibly file a breach of contract lawsuit.

Discrimination

Your employer cannot fire you because of your legal record, marital status, disability status, heritage, skin color, religion, age, gender, race or sexual preference. If this occurs, you can file a complaint with the state Civil Rights Commission.

Understanding the circumstances under which you can file a wrongful termination claim can help you decide how to move forward if you face this situation. In other situations, Hawaii maintains at-will employment. That means the company can fire you for any reason without notice and you can also leave the job without warning or reason.