Employees in Hawaii have the right to a safe workplace. The law protects workers who refuse to perform tasks that pose a danger to their health or safety.
If an employer terminates someone for refusing unsafe work conditions, this could be considered wrongful termination.
Document the unsafe conditions
Employees should immediately document the unsafe conditions. This includes taking photos, gathering witness statements, and keeping records of any communications with the employer about the issue. Detailed documentation strengthens the case by providing clear evidence of the unsafe environment.
Report the issue to the appropriate authorities
Before refusing to work, employees should report the unsafe conditions to their employer, giving the company a chance to address the problem. If the employer fails to take action, the next step is to report the situation to the Occupational Safety and Health Administration (OSHA) or The Hawaii Occupational Safety and Health Division (HIOSH). Filing a complaint helps establish a formal record of the unsafe conditions and the employee’s refusal to work under those conditions.
Seek legal advice immediately
If an employee believes they were wrongfully terminated, they should consult with an employment attorney. The attorney can evaluate the situation, help file a wrongful termination claim, and represent the employee in any legal proceedings. Hawaii’s employment laws are complex, and an attorney can guide employees through the process of seeking justice.
Employees have a limited time to take legal action, so it’s important to act quickly. A successful wrongful termination claim can lead to reinstatement, back pay, and compensation for damages.
Taking these steps can help protect employees’ rights and ensure they receive fair treatment under Hawaii law.