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Can I fire employees for reasons other than poor performance in Hawaii? What are the requirements?

Can I fire employees for reasons other than poor performance in Hawaii? What are the requirements?

Hawaii does not have specific requirements for firing employees for reasons other than poor performance. However, employers should ensure that they are not violating any anti-discrimination laws or retaliating against employees for exercising their legal rights [2.1].

Performance-based termination

Employers may terminate employees for poor performance if certain requirements are met [1.2]. The evaluation process and its consequences must be discussed with the employee, and the employee must be made aware of their current job description and job-related performance requirements. The evaluation procedures must be observed, including providing the employee the opportunity to meet, discuss, and rebut the performance evaluation and apprising the employee of the consequences of failure to meet performance requirements. The evaluation must be fair and objective, applied without discrimination, and the employee must be provided performance feedback during the evaluation period and, as appropriate, the employee must be offered in-service remedial training in order for the employee to improve and meet performance requirements. Prior to the end of the evaluation period that the employee is being considered for discharge due to failure to meet performance requirements, the feasibility of transferring or demoting the employee to another position for which the employee qualifies must be considered [1.2].

Anti-discrimination and retaliation laws

Employers in Hawaii cannot fire employees for reporting violations of law or participating in investigations held by public bodies. Employers cannot discharge, threaten, or discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment because of such reporting or participation [2.1]. Employees who believe they have been discriminated against in violation of section 396-8(e), HRS, may file a complaint with the director within sixty days after such alleged violation occurs [5.1]. An action by an employee to enforce the provisions of this chapter may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of oneself or themselves, or the employee or employees may designate an agent or representative to maintain the action. The court in any action brought under this section shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of action, including costs of fees of any nature, and reasonable attorney’s fees, to be paid by the defendant [6.1].

In summary, employers in Hawaii can terminate employees for poor performance if certain requirements are met. Employers should ensure they are not violating any anti-discrimination laws or retaliating against employees for exercising their legal rights.

Source(s):
Jurisdiction

Hawaii