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Wrongful Termination in Hawaii: Your Rights

Understanding wrongful termination protections in Hawaii. This guide covers at-will exceptions, protected classes, whistleblower protections, and how to file a claim.

Data last updated: Jan 15, 2025

Key Takeaways

  • At-will employment: Yes.
  • Public policy exception: Recognized.
  • Implied contract exception: Recognized.
  • Filing deadline: 180 days for HCRC complaints; 300 days for EEOC (dual filing).
At-Will Employment doctrine
Yes Public policy exception
Yes Implied contract exception
No Good faith exception

At-Will Employment in Hawaii

Hawaii is an at-will employment state. Employers can terminate employees for any lawful reason or no reason at all.

Recognized Exceptions

  • Public policy
  • Implied contract
  • Statutory protections

Protected Classes

In addition to federal protections, Hawaii prohibits employment discrimination based on:

  • Race
  • Color
  • Religion
  • Sex
  • Sexual orientation
  • Gender identity
  • National origin
  • Ancestry
  • Age
  • Disability
  • Marital status
  • Arrest/court record
  • Domestic/sexual violence victim status
  • Reproductive health decisions

Whistleblower Protections

Hawaii Whistleblowers' Protection Act protects employees who report or threaten to report employer violations of law.

Filing a Claim

  • Filing deadline180 days for HCRC complaints; 300 days for EEOC (dual filing)
  • State agencyHawaii Civil Rights Commission (HCRC)

Back pay, front pay, compensatory damages, emotional distress damages, punitive damages, and attorney fees.

Hawaii Civil Rights Commission (HCRC) website

Related Resources

Frequently Asked Questions

  • What additional classes does Hawaii protect?

    Hawaii adds sexual orientation, gender identity, ancestry, marital status, arrest/court record, and domestic violence victim status to its protected classes.

  • Does Hawaii protect employees based on arrest records?

    Yes. Hawaii prohibits discrimination based on arrest and court records, which is unusual among states.

  • How does Hawaii's law apply to small employers?

    Hawaii's anti-discrimination law applies to employers with 1 or more employees, making it one of the broadest in the country.

  • What is the filing process in Hawaii?

    File a complaint with the Hawaii Civil Rights Commission within 180 days of the discriminatory action.

Legal Disclaimer: FreeNetLaw provides general legal information, not legal advice. The information on this site is not a substitute for consultation with a licensed attorney. Laws vary by jurisdiction and change frequently. Always verify information with official sources and consult a qualified attorney for advice about your specific situation.

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