Being an at-will state, employers in Hawaii, in most cases, can terminate an employment relationship at any time without giving an employee a reason. Consequently, it can be challenging for an employee to identify illegal termination.
However, if you believe your employer let you go because of your identity attribute or as retaliation, for instance, you reported discriminatory conduct, you may have been wrongfully terminated.
Here is the first thing to do:
Gather evidence
You need solid evidence to support your case. Therefore, collect all relevant documents. If you had recently reported a colleague or senior for discriminating against you, get copies of the report you submitted to your employer. This can help create a link between the complaint and the adverse employment action, especially if the termination occurred shortly after the complaint.
If you have a contract with the employer that requires them to notify you of the reason for termination, but they didn’t provide one, get the agreement to show your employer breached it.
If you recently sustained a work-related injury and your employer is letting you go, get copies of your workers’ compensation claim and medical records to prove that your employer might be firing you solely because of your compensable work injury. Note that your employer may argue you are no longer capable of performing your duties, and they do not have any other available work for you. Thus, you need to obtain adequate information.
Other documents to collect are records of your communications with your employer, witness statements and any other document you believe is helpful. Gather emails, performance reviews, policy manuals, company memos and so forth.
Wrongful termination can result in financial and psychological effects. Legal guidance can help you protect your rights and career.