Can I terminate employees without violating employment laws in Hawaii? What are the requirements?

Requirements for Terminating Employees in Hawaii

To terminate employees without violating employment laws in Hawaii, there are certain requirements that must be met.

1. At-Will Employment: Hawaii is an at-will employment state, which means that employers can terminate employees at any time and for any reason, as long as it is not discriminatory or in violation of public policy. However, it is recommended that employers have a valid reason for termination and document the reasons for the termination.
2. Discrimination: Employers cannot terminate employees based on their race, color, national origin, religion, sex, age, disability, or genetic information. Doing so would be considered discriminatory and a violation of federal and state laws.
3. Retaliation: Employers cannot terminate employees for engaging in protected activities, such as filing a complaint or participating in an investigation related to discrimination or harassment. [HIRS 378-62]
4. Notice: Employers are not required to provide notice to employees before terminating them, unless they have a contract or collective bargaining agreement that requires it.
5. Final Paycheck: Employers must provide employees with their final paycheck on the next regular payday after termination. If the employee was terminated for cause, the employer has 14 days to provide the final paycheck. If the employee was laid off, the employer has until the next regular payday.
6. Benefits: Employers must comply with federal and state laws regarding employee benefits, such as COBRA and Hawaii’s temporary disability insurance program.

It is important to note that this is not an exhaustive list of requirements and employers should consult with legal counsel to ensure compliance with all applicable laws and regulations.

In addition, employees have layoff rights when it is necessary to release employees due to lack of work, lack of funds, or other legitimate reasons. Layoffs shall be made in accordance with procedures negotiated under chapter 89 or established under chapter 89C, as applicable. [HIRS 76-43]

Finally, employers cannot enter into or require an employee to enter into a nondisclosure agreement that prevents the employee from disclosing or discussing sexual harassment or sexual assault occurring in the workplace, at work-related events, between employees, or between an employer and an employee. [HIRS 378-2.2]

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Jurisdiction

Hawaii

• Labor