Wrongful termination happens when an employer fires an employee for illegal reasons. Many employees mistakenly believe that any firing they consider unfair is wrongful. However, the law only protects employees from termination based on discrimination, retaliation, or violation of contract terms.
Understanding what qualifies as wrongful termination can help employees protect their rights.
“At-will” employment does not mean unlimited power
Hawaii, like most states, follows “at-will” employment laws. This means employers can terminate employees at any time for almost any reason, or no reason at all. However, at-will employment does not give employers unlimited power. Employers cannot fire someone for discriminatory reasons, such as race, gender, or religion. Retaliation against employees who report workplace violations is also prohibited.
Not all unfair firings are illegal
Many people believe that being fired unfairly is the same as being fired illegally. In Hawaii, a termination is only wrongful if it violates specific laws. For example, if your employer lets you go due to poor performance or company downsizing, it is generally legal, even if it feels unjust. Employees must show that their firing violated anti-discrimination laws, workplace safety regulations, or contractual agreements.
Misconceptions about reporting deadlines
Another common misunderstanding is the timing for filing claims. In Hawaii, employees have limited time to report wrongful termination. Missing deadlines can result in losing the right to file a claim. It is important to understand the specific timelines for complaints with agencies like the Hawaii Civil Rights Commission.
Protecting your future
Understanding wrongful termination laws can help employees separate facts from misconceptions. Knowing the difference between illegal and unfair firing allows individuals to focus on protecting their rights. By staying informed, employees can better address workplace concerns and build a more secure future.