Wrongful Termination Claims in Hawaii

Employers can legally fire employees for many reasons. Unless you have a contract stating otherwise, an employer in Hawaii does not need to tell you why they fired you. However, if you suspect that you were terminated for an illegal reason, you should seek legal advice. You could sue an employer for wrongful termination and demand financial compensation.  

Wrongful termination can be upsetting and frustrating. Moreover, being fired can cause considerable financial struggles for you and your loved ones. Morgan & Morgan is here to help you fight back if your employer fires you illegally. Our experienced wrongful termination attorneys in Hawaii want to help you get what you deserve. Contact us today to determine whether you have a wrongful termination case and qualify for compensation. 

Your Next Best Steps After Being Wrongfully Terminated

Your actions after getting fired can be vital for preserving your legal rights. 

Do Not Retaliate Against Your Employer

An unfair termination can be distressing and frustrating. You could lose your livelihood and career from one day to the next due to no fault of your own. However, it is crucially important to stay calm and resist the urge to lash out against your employer on social media or elsewhere. Retaliating can cast you in a bad light and could later be used against you if you intend to sue your place of work. Moreover, you could also get into legal trouble. 

After getting fired, ensure to follow all your employer's procedures, such as returning company property. Ask for a receipt for returned items or ensure that a witness is present when you return any property. 

Determine the Reason for the Termination

You need to know the reason for your termination as it will determine whether you have a case against an employer. If your dismissal letter or email does not state a reason, contact your employer, HR department, or supervisor. For example, if you were fired for repeatedly being late or violating a company policy, you may not have a wrongful termination case. However, if your employer retaliated against you after filing a workers’ comp claim or taking medical leave, you could have a case. 

It is crucial to note that most employers know that they must not violate employment laws when firing a worker. Therefore, they may give employees a face value explanation or excuse for their dismissal. If you suspect that an employer retaliated against you or violated another law by firing you, promptly contact a wrongful termination lawyer to identify wrongful dismissal and determine your legal options.

Examine Your Employment Contract

Most American workers do not have employment contracts and are employed “at will,” meaning that they can be fired without the employer having to give a reason. However, if you have a contract, review it well after your termination. Most employment contracts detail the conditions for job termination. Your employer could have breached the contract. Contact a labor attorney to help you go through your employment contract in detail if you need help.

Review the Relevant Labor and Discrimination Laws

There could be several laws applying to your situation, such as:

• Hawaii’s state employment laws
• The Age Discrimination in Employment Act of 1967 (ADEA) 
• Title VII of the 1964 Civil Rights Act, 42 U.S.C. 1981
• The Americans with Disability Act (ADA)
• The Family and Medical Leave Act (FMLA)

Knowing how your dismissal relates to any labor law violations can be complicated. An attorney from Morgan & Morgan can review your specific case and determine whether your employer acted legally or illegally in your firing.  

Gather Evidence for Wrongful Termination

If you want to prove that your employer fired you unlawfully, you need to gather the relevant evidence, which can include:

• Paperwork such as your contract or employer handbook
• Emails and voice messages from your employer
• Documents of warnings or disciplinary actions

It can also be crucial to compare how an employer treats your co-workers to determine whether you were unfairly treated and dismissed. 

Contact a Wrongful Termination Attorney

Employment law involves complex issues. Therefore, contact a wrongful termination lawyer in Hawaii before deciding on filing a lawsuit. Our experienced labor attorneys could protect your rights, help you navigate the legal system, and file a claim against your employer if you were unfairly terminated. 

Types of Wrongful Termination

In at-will states such as Hawaii, employers do not have to give a reason for firing you. However, if you were fired for an illegal reason, such as discrimination or retaliation, you could have a case against your employer and seek compensation. Examples of illegal firing can include:

Sexual Harassment and Toxic Work Environment

You do not necessarily have to get fired to have a wrongful termination claim. For example, you could sue your employer if you quit due to ongoing sexual harassment or a toxic work environment. Illegal sexual harassment can include sexual jokes and innuendoes, unwanted touching, rape, distributing sexually explicit photos, and other actions.

Retaliation

According to the US Equal Employment Opportunity Commission (EEOC), retaliation was the most common charge filed with the agency in 2020, accounting for more than half of all discrimination cases. Retaliation can occur if you report harassment or discrimination at work. Your employer might also retaliate against you when you file a workers’ comp claim or assist another worker with the process. An employer could also be guilty of illegal retaliation if they fired you because you alerted the authorities to illegal activities such as violations of wage and hour laws. 

Violation of Wage and Hour Laws

If your employer failed to pay your wages, such as overtime pay, tips, or commissions, and terminated your employment after you raised the issue, you could sue them. There can be other wage and hour violations by employers, such as refusing breaks, failing to pay the minimum wage, or misclassifying employees as independent contractors.  

Discrimination

Discrimination can occur in many different ways, for example, due to an employee’s age, race, color, gender, disability, and other reasons. If you believe that your termination occurred due to discrimination, an attorney can help you prove your case. In many wrongful termination cases, employers try to disguise discrimination as the motive for firing an employee. 

Family And Medical Leave Act (FMLA) Violations

The FMLA generally protects you if you have to take leave in certain emergency circumstances, including illness, caring for a sick family member or newborn child, and others. If your employer prohibited you from returning to your job and you got fired despite being protected by the FMLA, you could have a wrongful termination claim and pursue compensation.

Compensation You Could Seek After Wrongful Termination

In a successful wrongful termination case, what you can recover will depend on your individual circumstances, financial losses, and other damages. However, in general, victims could be entitled to:

• Back pay
• Front pay
• Lost minimum wage pay
• Job reinstatement
• Commissions and tips lost as a result of the dismissal
• Loss of benefits such as health insurance
• 401k contributions 
• Legal costs and attorney’s fees 
• Emotional distress due to the unfair termination

You could also qualify for other damages.

How to Find a Wrongful Termination Attorney in Hawaii

If you were illegally terminated, your best next step could be to find an excellent labor lawyer as soon as possible. Things to look out for in an attorney include:

• Excellent knowledge of Hawaii and federal labor laws
• Extensive evidence with wrongful termination cases
• Having successfully fought employment cases at trial 
• Positive past client reviews
• No upfront attorney’s fees

It can be an excellent idea to start your search for an attorney by asking for referrals from friends and family. Several internet resources can also help with drawing up a list of potential attorneys. For example, you can search for employment lawyers on the Hawaii State Bar Association website or use databases such as  Martindale and Avvo. Before making a list of suitable attorneys, check out past client testimonials. 

Your next step should be scheduling free consultations with a few attorneys. Use the meetings to ask your most pressing questions about your case and determine whether the lawyer has the right experience and personality to work with you. 

Morgan & Morgan Fights for Wrongfully Fired Workers

We help America’s workers fight unscrupulous employers every step of the way. Morgan & Morgan’s motivated labor attorneys are here for you if you were unfairly fired. We could help you hold an employer accountable and recover damages such as back pay, emotional distress, and others. Our fee is free unless and until we win. Reach out to us anytime for a free consultation to determine your rights and options.