Are there time limits for filing a retaliation claim?

On Behalf of | Apr 7, 2025 | Retaliation

If you believe your employer retaliated against you, it’s important to act quickly. Hawaii law sets deadlines for filing retaliation claims, and missing them can block your chance to take legal action. The specific timeline depends on where you file and which laws apply to your situation.

State and federal deadlines are different

You can file a retaliation claim under state or federal law. If you file with the Hawaii Civil Rights Commission (HCRC), you have 180 days from the date of the retaliatory act. If you decide to file with the Equal Employment Opportunity Commission (EEOC), you have 300 days from the date of the incident.

While you can file with both agencies, you must follow the shorter deadline. Filing late could lead to your claim being rejected before it’s even reviewed. Acting early helps preserve your rights and strengthens your position.

Take action even if you’re uncertain

You don’t need to have complete evidence before filing a complaint. If you believe you were punished for reporting discrimination, harassment, or safety violations, you should file to protect your rights. The agency reviewing your complaint will determine if your situation meets the legal definition of retaliation.

Delaying your complaint can weaken your case. Your employer could argue that your delay means the issue wasn’t serious. Prompt filing shows that you recognized the retaliation and responded appropriately.

Evidence supports your case

As soon as retaliation becomes clear, start gathering documentation. Save emails, write down what happened, and keep track of dates. A detailed timeline helps show the pattern of events and confirms you filed on time.

You don’t need to prove everything when you file. You only need to meet the deadline and clearly explain what happened. Once the complaint is filed, the agency will investigate further.

Meeting the deadline matters

Filing within the deadline is key to holding your employer accountable. It gives your complaint a chance to move forward and shows that you’re serious about defending your rights. Take action before the time limit runs out.