Wrongful Termination Representation in Honolulu, HI
Losing a job can be life-altering, especially when the dismissal is not only unexpected but also unlawful. While Hawaii is an at-will employment state, there are legal exceptions that protect workers from being terminated for discriminatory, retaliatory, or otherwise illegal reasons. Andre S. Wooten, Attorney At Law, provides legal representation for employees in Honolulu who have been wrongfully terminated and helps them pursue justice through proper legal channels.
Understanding Wrongful Termination in Hawaii
In an at-will employment system, employers can terminate employees at any time, with or without cause. However, this right is not absolute. Termination is considered “wrongful” when it violates specific federal or state laws, breaches an employment contract, or infringes on public policy.
Legal Grounds for a Claim
A wrongful termination claim typically alleges that an employee was fired for reasons that are legally protected. These include, but are not limited to, discrimination, retaliation for reporting unlawful activity, or refusal to participate in illegal actions. The law protects employees from being punished for exercising their rights in the workplace.
Common Types of Wrongful Termination in Honolulu
Termination Based on Discrimination
Firing an employee due to race, color, sex, age, religion, national origin, disability, sexual orientation, or gender identity is unlawful. Such discrimination violates federal statutes like Title VII, as well as state laws enforced by the Hawaii Civil Rights Commission. A pattern of biased treatment or a direct statement linking the termination to a protected trait can support a legal claim.
Retaliatory Firing
Employees have the right to report illegal activity, file complaints about harassment or discrimination, or participate in investigations without fear of retaliation. If an employer terminates an employee after such actions, the dismissal may be retaliatory and actionable under the law.
Breach of Employment Contract
Some employees are protected by written contracts that outline specific terms for termination. If an employer violates the terms—such as ending employment without the required cause or notice—the employee may pursue a wrongful termination claim based on breach of contract.
Violation of Public Policy
Employees cannot be lawfully fired for reasons that violate public policy. This includes firing someone for taking jury duty, serving in the military, filing for workers’ compensation, or refusing to break the law on behalf of the employer. Hawaii courts recognize these exceptions as grounds for wrongful termination claims.
Legal Process for Addressing Wrongful Termination
Pursuing a wrongful termination case involves reviewing employment records, communications, and the circumstances leading to the dismissal. Legal action often begins with administrative filings, followed by litigation if necessary.
Internal Complaints and HR Records
In many cases, the employee has previously raised concerns internally, whether through HR reports or direct communication with supervisors. These records, along with performance reviews and company policies, may help show that the termination was unjustified or retaliatory.
Filing with State or Federal Agencies
If the claim involves discrimination or retaliation, the employee may first need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Hawaii Civil Rights Commission (HCRC). These agencies investigate the claim and may issue a Right to Sue letter allowing for a court case.
Documentation and Evidence
Emails, texts, job evaluations, witness statements, and termination letters are essential in building a strong case. Patterns of behavior within the company or inconsistencies in how discipline is applied may support the claim.
Legal Deadlines
Wrongful termination claims are subject to time limits, depending on the legal basis of the claim. For discrimination or retaliation, the deadline to file with the EEOC or HCRC is often 180 to 300 days. Contract and public policy claims may follow different deadlines under state law. Prompt legal consultation ensures compliance with all filing requirements.
Legal Advocacy for Honolulu Workers
Being wrongfully terminated can impact a person’s financial stability, mental health, and professional reputation. Facing an employer’s legal team can feel overwhelming without proper representation. Legal support is essential to evaluate the facts, assert rights, and recover damages.
Andre S. Wooten, Attorney At Law, represents individuals across a wide range of industries who have been unfairly fired from their jobs. He helps clients identify whether legal violations occurred, builds a clear and factual case, and pursues outcomes through negotiation or litigation.
Serving Terminated Employees Across O‘ahu
Wrongful termination can occur in private companies, public agencies, nonprofit organizations, and educational institutions. Andre S. Wooten provides legal services throughout Honolulu and nearby communities including Kaimukī, Ewa Beach, Downtown Honolulu, Kāne‘ohe, and Wahiawa.
If you were dismissed from your job and believe it was for an unlawful reason, speak to a
wrongful termination lawyer in Honolulu, HI. Andre S. Wooten can help you determine your legal options and take the next steps toward resolving your claim.