Wrongful Termination Laws in Hawaii

Federal law prohibits employment discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, which covers employers with 15 or more employees and prohibits discrimination based on race, color, religion, sex, and national origin. The Age Discrimination in Employment Act, 29 U.S.C. § 623, protects workers 40 and older from age-based termination by employers with 20+ employees. The Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., requires employers with 15+ employees to provide reasonable accommodations for qualified individuals with disabilities and prohibits termination based on disability. The Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff, protects against termination based on genetic information.

Federal law also provides limited wrongful termination protection through the public policy exception recognized by some courts, including termination for filing workers' compensation claims, serving on jury duty, and reporting violations of law (whistleblowers). The Sarbanes-Oxley Act, 18 U.S.C. § 806, protects corporate whistleblowers, and the Dodd-Frank Act protects financial whistleblowers. The Occupational Safety and Health Act, 29 U.S.C. § 660(c)(1), prohibits retaliation for reporting safety violations. The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, while the Department of Labor enforces whistleblower protections. Federal remedies include back pay, front pay, reinstatement, compensatory damages (pain and suffering), and punitive damages (capped at $300,000 for employers with 500+ employees under Title VII).

Hawaii Revised Statutes § 378-1 prohibits discrimination and wrongful termination based on protected characteristics including race, color, sex, national origin, religion, disability, age (40 and older), sexual orientation, and gender identity. Hawaii's anti-discrimination law applies to employers with only one employee—significantly broader than the 15-employee threshold under federal Title VII. This means even small Hawaiian businesses must comply with anti-discrimination law.

Hawaii law is substantially stronger than federal law in several ways. First, Hawaii's coverage extends to businesses regardless of size, whereas Title VII requires 15+ employees. Second, Hawaii Revised Statutes § 378-62 provides explicit whistleblower protection for employees who report violations of law, refuse to participate in illegal conduct, or report safety concerns—protections not universally guaranteed under federal law. Third, Hawaii courts recognize a robust public policy exception to at-will employment under Hawaii Revised Statutes § 89-13, prohibiting termination for jury service, filing workers' compensation claims, refusing illegal acts, and reporting violations of public policy.

Hawaii also prohibits retaliation under § 388-4 for filing workers' compensation claims, and the Hawaii Supreme Court has expanded protection for employees terminated in violation of public policy. The state does not require an employee to exhaust administrative remedies before filing a civil suit for wrongful termination. Remedies under Hawaii law include back pay, front pay, reinstatement, compensatory damages (including emotional distress), punitive damages (available when employer's conduct is reckless or intentional), and attorney fees when a plaintiff prevails. Hawaii's wrongful termination doctrine is plaintiff-friendly compared to many other states.

Hawaii at-will employment means employers can terminate employees for almost any reason without cause, provided the reason is not illegal. However, several important exceptions and limitations apply.

First, termination must not violate Hawaii anti-discrimination law (§ 378-1). If the employer can prove the reason for termination was legitimate, non-discriminatory, and documented before the employee raised a protected concern, the termination may be lawful. Second, the at-will doctrine does not apply to unionized employees covered by collective bargaining agreements, which may require just cause for termination.

Third, Hawaii Revised Statutes § 378-62 protects whistleblowers, but the employee must be reporting a genuine violation of law, not personal grievances or performance concerns. If the employer can show the employee would have been terminated anyway for documented performance reasons unrelated to the protected activity, the termination may survive legal challenge. Fourth, the public policy exception in § 89-13 does not protect employees who refuse to follow employer policies unrelated to legal compliance or safety.

Fifth, private-sector employers (not government) have broader latitude, though they still cannot circumvent anti-discrimination law. Government employees have additional protections under constitutional free speech doctrines. Sixth, temporary contractors and independent contractors have fewer protections than employees under Hawaii law. At-will termination is not prohibited simply because an employee is upset; Hawaii law requires illegal motivation, not just unfairness. Finally, probationary or introductory periods do not eliminate wrongful termination protections; discrimination and retaliation are unlawful even during probation.

Step 1: Document the termination and related events. From the day you are fired, write down the date, time, who told you, the stated reason for termination, and any witnesses. Preserve all emails, text messages, performance reviews, and documents showing your job performance, any complaints you filed, any protected activity (jury duty notice, workers' compensation report, safety concern, illegal conduct refusal), and any comments by managers about your protected characteristics (race, sex, age, disability, religion, sexual orientation). Keep copies of your employment contract, handbook, pay stubs, and anything showing wage theft or policy violations. Store these in a secure location outside your workplace.

Step 2: Attempt internal complaint if appropriate and safe. Review your employee handbook for internal grievance procedures and follow them exactly, even if you plan to file outside the company. Send a written complaint to your HR department or supervisor's manager describing the termination, the reason you believe it was wrongful, and the law you believe was violated. Request a written response. Keep copies of all correspondence. Note: you are not required to exhaust internal remedies before filing a legal complaint, and filing an internal complaint does not extend your legal filing deadline. If you fear retaliation, consider consulting an attorney before filing internally.

Step 3: File with the Hawaii Civil Rights Commission. You have 90 days from termination to file a complaint. Visit the Hawaii Civil Rights Commission website at labor.hawaii.gov/hcrc or call (808) 586-8636. You can file in person at the Honolulu office (830 Punchbowl Street, Room 411, Honolulu, HI 96813) or by mail. Provide your name, contact information, employer's name and address, date of termination, protected characteristic allegedly motivating the termination (race, sex, age, disability, religion, sexual orientation, whistleblowing, workers' comp retaliation, jury duty, etc.), brief description of what happened, and names of witnesses or documents supporting your claim. Filing is free. You do not need an attorney to file, though consulting one before filing is advisable.

Step 4: Understand the investigation process. The Hawaii Civil Rights Commission will assign your complaint to an investigator within 2-3 weeks. The investigator will contact your former employer and request documents, witness statements, and explanation. The employer may argue legitimate, non-discriminatory reasons for the termination. The investigator may interview you, witnesses, and employer representatives over 60-120 days (timelines vary). The Commission will issue a determination of whether probable cause exists that discrimination occurred. If probable cause is found, the case may proceed to conciliation (settlement negotiation) or hearing before a hearing officer. If no probable cause is found, you can request a hearing to challenge the determination or file a civil lawsuit anyway (Hawaii law does not require exhaustion of administrative proceedings).

Step 5: Consult an employment attorney. Contact an employment law attorney licensed in Hawaii before your 90-day HCRC filing deadline expires or before responding to any employer legal demands. An attorney can review your evidence, assess liability, estimate damages, advise on administrative vs. civil litigation, and represent you at HCRC proceedings or in civil court. Many employment attorneys work on contingency (fee only if you win). Initial consultation is often free. Given Hawaii's strong wrongful termination protections and availability of damages including punitive damages, an attorney's early involvement often increases settlement value and protects your rights.