What is a wrongful termination in civil law?

Wrongful termination in civil law is a legal term used to describe a situation where an employee is fired or laid off from their job in violation of an applicable law or contract, such as a labor contract or employee handbook. Under Hawaii law, an employer cannot terminate an employee for discriminatory reasons such as age, gender, race, disability, sexual orientation, or religion. An employer also cannot terminate an employee in retaliation for filing a complaint with the Equal Employment Opportunity Commission (EEOC) or for engaging in activities protected by a labor union. If an employee believes they have been wrongfully terminated in violation of an employment law, they may be able to file a lawsuit in civil court to seek a remedy such as back pay and/or reinstatement. In addition to proving that they were wrongfully terminated, the employee must prove that they suffered an actual injury, such as lost wages. The employee must also show that the employer acted intentionally or recklessly in order to succeed in their wrongful termination lawsuit. If the employee loses their wrongful termination case, the employer may be responsible for the employee’s legal fees and court costs. The employee may also be able to seek damages for emotional distress.

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