Can an employee be fired for filing a complaint?
Yes, an employee can be fired for filing a complaint in Hawaii. As a general rule, an employee in Hawaii is an "at-will" employee, which means that either the employer or the employee may end the employment relationship at any time for any reason that is not illegal. It is illegal for an employer to fire an employee for any discriminatory or retaliatory purpose, such as filing a complaint. For example, if someone files a complaint alleging discrimination or harassment, the employer cannot fire that employee in retaliation for making the complaint. However, a Hawaii employer is still allowed to fire an employee for other reasons, even if the employee has filed a complaint. For example, if an employee files a complaint that is unrelated to their job duties, such as a complaint about a co-worker, the employer may still terminate the employee if the employer believes it is in their best interest. If an employee in Hawaii feels that they have been wrongfully terminated for filing a complaint, they may have legal recourse. They can file a complaint with the State Department of Labor and Industrial Relations, or file a lawsuit against the employer. It is important to note that an employee must take action within 180 days of the dismissal in order to file a complaint or initiate legal action.
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