Wrongful Termination Lawyers in Hawaii
Experiencing an unlawful job loss in Hawaii requires immediate legal guidance to safeguard your statutory rights under state and federal labor laws. Experienced Hawaii wrongful termination attorneys help employees evaluate unlawful retaliation, pursue administrative claims, and negotiate equitable severance settlements outside of court. Explore our directory below to schedule a case review with trusted local professionals.
Law Office of Damon Senaha - Honolulu, HI
Law Office of Darin R. Leong LLLC - Honolulu, HI
Law Offices of Scot Stuart Brower - Honolulu, HI
Law Office of Roman Amaguin - Honolulu, HI
Law Office of Carl M. Varady - Honolulu, HI
Shawn A. Luiz Attorney at Law - Honolulu, HI
Law Office of Rod Bridgers, LLLC - Honolulu, HI
MARR JONES & WANG - Honolulu, HI
Dresslar Law - Honolulu, HI
Joseph T Rosenbaum Honolulu, HI
Gilbert Employment Law, P.C. - Honolulu, HI
Law Offices of William Fenton Sink - Honolulu, HI
Remillard Huynh & Barbour - Honolulu, HI
The Law Offices of W. Anthony Aguinaldo - Honolulu, HI
Employment Rights and Wrongful Termination Law in Hawaii
Hawaii adheres to the legal doctrine of at-will employment, which generally allows employers to terminate an employment relationship with or without cause or notice. However, this authority is strictly limited by state and federal statutes. An employer cannot discharge, demote, or discipline an employee based on protected characteristics, in retaliation for reporting illegal workplace conditions, or in direct violation of established public policy.
State-level workplace protections are governed by the Hawaii Employment Practices Act under Haw. Rev. Stat. § 378-2, which prohibits discrimination based on race, sex, gender identity, sexual orientation, age, religion, disability, marital status, or arrest and court record. Before initiating a lawsuit, employees must generally exhaust administrative remedies by filing a charge with the Hawaii Civil Rights Commission (HCRC) or the federal Equal Employment Opportunity Commission (EEOC).
Formal employment lawsuits in Hawaii proceed in the state Circuit Courts, including the First Circuit Court in Honolulu (Kaʻahumanu Hale) for Oʻahu claims, the Second Circuit in Wailuku, the Third Circuit in Hilo/Kona, or the U.S. District Court for the District of Hawaii. Retaining an experienced employment lawyer licensed by the Hawaii State Bar Association (HSBA) ensures procedural requirements are met, evidence is secured, and favorable settlement terms are pursued through mediation.
Hawaii Wrongful Termination Legal Fees and Retainer Frameworks
| Case Scenario | Fee Structure | Estimated Cost (USD) | Key Cost Determinants |
|---|---|---|---|
| Severance Review & Pre-Suit Negotiation | Flat Fee / Hourly | $500 - $2,000 | Severance agreement length, non-compete enforceability, release terms, direct negotiation rounds with corporate counsel. |
| HCRC & EEOC Administrative Filing | Hourly / Hybrid | $1,500 - $4,500 | Factual declaration drafting, documentary evidence volume, agency interview representation, mediation attendance. |
| Retaliation & Whistleblower Lawsuit | Contingency (33% - 40%) | $0 Upfront ($15,000+ if hourly) | Accrued back pay, front pay calculations, emotional distress claims, employer litigation posture in Circuit Court. |
| Executive Breach of Contract Action | Hourly / Retainer | $7,500 - $35,000+ | Deferred compensation disputes, stock option vesting, multi-jurisdictional choice-of-law clauses, discovery scope. |
Critical Legal Deadlines & Statutes in Hawaii
Employees facing wrongful discharge must act promptly to avoid forfeiting legal claims under statutory filing windows. Under the Hawaii Employment Practices Act, an administrative complaint of discrimination or retaliatory discharge must be filed with the Hawaii Civil Rights Commission within 180 days of the alleged discriminatory act pursuant to Haw. Rev. Stat. § 368-11. If dual-filing with the federal EEOC, claims under federal statutes must be filed within 300 days.
Whistleblower retaliation claims brought under the Hawaii Whistleblowers' Protection Act must be formally commenced in court within two years of the violation under Haw. Rev. Stat. § 378-63. For common-law wrongful termination claims grounded in public policy violations, Hawaii courts apply a two-year personal injury statute of limitations under Haw. Rev. Stat. § 657-7. Breach of an express written employment contract must be filed within six years pursuant to Haw. Rev. Stat. § 657-1.
Small Claims Limitations vs. Circuit Court Representation
The Small Claims Division of the District Court in Hawaii operates with a strict monetary limit of $5,000 pursuant to Haw. Rev. Stat. § 633-27. This forum is intended solely for minor wage disputes or withheld reimbursement claims. Crucially, attorneys are not permitted to represent parties in regular small claims proceedings, and the court cannot grant injunctive relief, such as job reinstatement, personnel record expungement, or substantial emotional distress awards.
Wrongful termination claims generally involve substantial economic exposure, including back wages, prospective front pay, punitive damages, and mandatory attorney fee shifting. Pursuing these remedies requires filing in the Hawaii Circuit Courts using the Judiciary Electronic Filing and Service System (JEFS) or the U.S. District Court for the District of Hawaii. Engaging an employment lawyer ensures proper discovery, expert deposition management, and presentation before a civil jury.
Red Flags to Avoid When Selecting a Hawaii Employment Lawyer
- Guaranteeing a specific monetary recovery or jury award before conducting a thorough review of employer personnel records and termination letters.
- Failing to advise clients regarding mandatory HCRC or EEOC filing windows, risking an administrative dismissal of the claim.
- Demanding substantial non-refundable upfront cash retainers for wrongful termination cases that are customarily handled on contingency.
- Lacking trial experience in the applicable Hawaii Circuit Court or the U.S. District Court for the District of Hawaii.
Frequently Asked Questions
What qualifies as wrongful termination under Hawaii law?
Wrongful termination occurs when an employer discharges an employee in violation of federal or state law. In Hawaii, this includes firing an individual based on protected traits (such as race, sex, age, or disability under Haw. Rev. Stat. § 378-2), retaliating against an employee for reporting illegal workplace conduct under the Hawaii Whistleblowers' Protection Act (Haw. Rev. Stat. § 378-62), or discharging an employee in violation of public policy.
Do I have to file with the Hawaii Civil Rights Commission before going to court?
Yes, for claims arising under the Hawaii Employment Practices Act, exhausting administrative remedies through the Hawaii Civil Rights Commission (HCRC) is mandatory under Haw. Rev. Stat. § 368-11. Once the HCRC completes its investigation or issues a Notice of Right to Sue, the employee may initiate a civil lawsuit in Hawaii Circuit Court.
What damages can be recovered in a Hawaii wrongful termination lawsuit?
Remedies in a successful Hawaii wrongful termination lawsuit may include back pay (lost earnings from discharge to judgment), front pay (projected future lost wages), compensation for emotional distress, court costs, and reasonable attorney fees. In cases involving egregious or malicious conduct, punitive damages may also be awarded by the court.
Can my employer fire me for filing a workers' compensation claim in Hawaii?
No. Under Haw. Rev. Stat. § 378-32, it is unlawful for an employer to discharge, suspend, or discriminate against an employee solely because the worker suffered a work injury or filed a claim for workers' compensation benefits. Employees terminated under these conditions have grounds to pursue statutory reinstatement and back pay.
How are attorney fees typically structured in wrongful termination cases?
Many Hawaii employment attorneys handle wrongful termination cases on a contingency fee basis, meaning the lawyer receives an agreed percentage (typically 33% to 40%) of the settlement or court judgment, with no upfront legal fees required from the client. Pre-suit severance reviews and contract disputes are often handled on an hourly or flat-fee basis.