Losing your job can be especially difficult when you believe your employer fired you for an unlawful reason. In Hawaii, not every termination violates the law, but employees may have legal protections in certain circumstances. If you believe your employer wrongfully terminated you in Hilo, evidence can play a critical role in evaluating your claim.
What can make a termination unlawful?
An employer generally cannot fire an employee for a legally protected reason or in retaliation for certain protected conduct.
Potential issues may include termination based on protected characteristics, retaliation for reporting unlawful conduct or discrimination, or retaliation for exercising certain legal rights. The specific law that applies depends on the circumstances.
What evidence can help?
Evidence that supports a wrongful termination claim may include documents showing what happened before and after your termination. Consider preserving:
- Emails and text messages with supervisors or human resources
- Performance reviews and disciplinary records
- Employee handbooks and workplace policies
- Records of complaints or reports you made
- Evidence showing how similarly situated employees were treated
Comments made by managers can also matter, particularly when they suggest a discriminatory or retaliatory motive.
Can performance records make a difference?
Employers may argue that an employee’s performance or conduct justified termination. For that reason, documentation showing your employment history can become important.
Positive performance evaluations, awards, promotions or consistent feedback may help provide context if the employer later claims that poor performance caused the termination.
You should preserve relevant documents without taking confidential information that you are not legally entitled to possess.
What should you do after losing your job?
Write down what happened while the details remain fresh. Record important conversations, dates and events leading up to the termination. Avoid deleting potentially relevant communications.
Employment claims can also involve strict deadlines. Waiting too long may affect your ability to pursue certain remedies.
Understand your rights after termination
A difficult termination does not automatically establish a legal claim, but evidence can help reveal whether an employer’s stated reason matches what actually happened.
If you believe you were wrongfully terminated in Hilo or elsewhere in Hawaii, an experienced employment law attorney can review the evidence, explain the laws that may apply and help you determine your legal options.