Where Can I Find Wrongful Termination Attorneys in Hawaii?
Where Can I Find Wrongful Termination Attorneys in Hawaii?
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Where Can I Find Wrongful Termination Attorneys 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.
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 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.
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I Quit Due to a Toxic Work Environment; Do I Have a Case?
You could potentially have a legal case even if you resigned from your job. In some cases, employees quit voluntarily because they face a toxic work environment. If you left your job due to discrimination, sexual harassment, verbal abuse, or another unlawful condition, you could qualify for a “constructive termination” lawsuit. Having an experienced Hawaii wrongful termination attorney by your side can be critical if you resign from your job.
How Can an Attorney Help With Wrongful Termination?
Fighting an unfair dismissal case alone can be challenging and prove unsuccessful. Most employers have the experience and resources to handle wrongful termination claims and might have a team of lawyers on retainer for such cases. You need an experienced lawyer on your side who can level the playing field and hold your employer fully accountable for violating labor laws. A Morgan & Morgan wrongful termination attorney can:
- Explain your legal rights and the next best steps
- Gather evidence to build your case against an employer
- Calculate your financial losses
- Negotiate with an employer for a fair settlement
- File a lawsuit to pursue compensation
- Fight your case vigorously at trial
Losing your job unfairly can be devastating. However, you have peace of mind and know that your best interests are protected with a tenacious attorney by your side. Our attorneys could help you get what you need to rebuild your life and avert financial hardship after you were wrongfully terminated in Hawaii.
Is There a Time Limit for Filing a Wrongful Termination Case in Hawaii?
Filing a wrongful termination case in Hawaii can be complicated as there are various deadlines, depending on the type of case. For example, if you were fired due to retaliation or discrimination, you must first file a claim with the EEOC within 180 days of the incident. The EEOC can then issue you with a “notice to sue,” allowing you to file a lawsuit against your employer.
If you have a case for breach of contract in Hawaii, you could have up to six years to file a lawsuit against your employer. Some unfair termination claims qualify for a personal injury lawsuit, giving victims two years to file a suit.
Since wrongful termination laws can be confusing, consider speaking to our Hawaii labor attorneys as soon as possible to determine the best timing for your lawsuit. Missing a deadline could bar you from suing your employer and receiving compensation.
Contact Us Today for Help With Wrongful Termination
Nobody wants to hear the words “you’re fired.” These two words can turn your life upside down and have negative consequences for you and your entire family. However, if your employer illegally fired you, you could have legal recourse and hold them accountable.
Going it alone against an employer can be overwhelming because wrongful termination often involves numerous laws and can be tricky to prove. However, you do not have to struggle on your own. Our qualified wrongful termination attorneys in Hawaii could help you get the justice and compensation you deserve after an employer unfairly fired you. We have recovered more than $15 billion in damages and helped thousands of clients recover their due. Let us help you too. Contact Morgan & Morgan today to schedule a free consultation.