At-Will Employment - Hawaii

Summary of differences between federal and state regulations

The general at-will employment doctrine is what employers generally refer to unless there are state laws that provide more detail. This is a situation in which there is a lack of laws or contracts that narrow the reasons for which employees may be terminated. Where such laws or contracts exist, they must be adhered to.

Hawaii has no state laws governing at-will employment, however, Chapter 388 of the State Labor Code establishes a clear mandate of public policy to protect at-will employees from being discharged for asserting the rights accorded to the employee by its provisions.

State courts have recognized the concept of public policy exception to the at-will employment concept; that is, it is illegal for an employer to terminate an employee for refusing to break the law on behalf of the employer.

State

Contact

Department of Labor and Industrial Relations

Regulations

Haw. Rev. Stat. §388-10(b)

Federal

Contacts

None.

Regulations

None.