What constitutes wrongful termination?

In Hawaii, wrongful termination occurs when an employer fires an employee in violation of the law, in breach of an employment contract, or in violation of public policy. An employer may be liable for wrongful termination if they terminated an employee due to discrimination or harassment against them based on their protected class or status (such as their race, religion, gender, age, or disability). Hawaii’s civil rights laws protect employees against discrimination and harassment in the workplace, and an employer may be liable for terminating an employee in violation of those laws. Breach of an employment contract or violation of public policy can also be grounds for wrongful termination. An employee may have an employment contract which specifies conditions for termination, such as providing notice or cause for termination. If an employer fails to abide by the terms of the contract, then they may be liable for wrongful termination. Additionally, if an employer fires an employee for an illegal reason (such as refusing to participate in criminal activity), then they may be liable for wrongful termination in violation of public policy. Therefore, wrongful termination is typically defined as an employer’s termination of an employee in violation of the law, in breach of an employment contract, or in violation of public policy.

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