Wrongful Termination in Hawaii (2026): Laws, Deadlines, How to File

Hawaii is an employment-at-will state, so a firing is wrongful only when it breaks a specific law, a contract, or a clear mandate of public policy. The main state law is the Hawaii Employment Practices Act, under which HRS 378-2(a)(1)(A) makes it unlawful for an employer to discharge someone because of a protected characteristic, and it covers employers with as few as one employee. Hawaii also recognizes a tort claim for a firing that violates a clear mandate of public policy, under Parnar v. Americana Hotels, Inc. (1982).

A discrimination complaint goes to the Hawaii Civil Rights Commission, which since Act 56 of 2026 (signed May 28, 2026) has a one-year filing deadline. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Hawaii law on firing employees: the Hawaii Employment Practices Act (HRS chapter 378), the Hawaii Civil Rights Commission process (HRS chapter 368), the public-policy and implied-contract rules of the Hawaii Supreme Court, and Hawaii statutes on whistleblowing, work injuries, sick leave, garnishment, wage complaints and family leave, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Hawaii severance pay laws.

Is Hawaii an at-will state?

Yes. In Shoppe v. Gucci America, Inc., 94 Haw. 368 (2000), the Hawaii Supreme Court said the at-will doctrine prevails "absent a collective bargaining agreement, a contractual provision, or a statutorily-conferred right." Our research did not locate a general Hawaii statute requiring good cause for a firing. For how the doctrine works day to day, see Hawaii at-will employment laws.

Grounds for a wrongful termination claim in Hawaii

Discrimination under the Hawaii Employment Practices Act

HRS 378-2(a)(1) makes it unlawful for an employer to bar or discharge someone because of race, sex (including gender identity or expression), sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, reproductive health decision, or domestic or sexual violence victim status (if the employer was given notice or has actual knowledge).

Other parts of 378-2(a) also bar discharge because of:

• absence for national guard duty (378-2(a)(4), through HRS 121-43);
• an income assignment for child support (378-2(a)(5));
• association with a person with a disability (378-2(a)(6));
• being a lactating employee (378-2(a)(7));
• credit history or a credit report (378-2(a)(8)).

Who is covered. Under 378-1, an "employer" is any person, including the State and its political subdivisions, "having one or more employees," but not the United States. Federal Title VII and the ADA, by contrast, apply to employers with 15 or more employees, and the federal age law to employers with 20 or more (42 U.S.C. 2000e(b); 42 U.S.C. 12111(5); 29 U.S.C. 630(b)).

Retaliation. Under 378-2(a)(2), it is also unlawful to discharge or discriminate against someone for opposing a practice the Act forbids or for participating in a proceeding under it. Age and disability are protected by the same Act, so this retaliation rule applies to complaints about them as well.

Firing in violation of public policy (Parnar)

In Parnar v. Americana Hotels, Inc., 65 Haw. 370 (1982), the Hawaii Supreme Court held "that an employer may be held liable in tort where his discharge of an employee violates a clear mandate of public policy." To decide whether a clear mandate is violated, "courts should inquire whether the employer's conduct contravenes the letter or purpose of a constitutional, statutory, or regulatory provision or scheme."

The statutory-remedy limit (Ross). In Ross v. Stouffer Hotel Co. (Hawai'i) Ltd., 76 Haw. 454 (1994), the court held that an employee fired because of marital status could not bring a separate Parnar claim, because the legislature made that firing unlawful in HRS 378-2 and supplied its own remedies. As the court put it, where the provisions that evidence the public policy "themselves provide a remedy for the wrongful discharge, provision of a further remedy under the public policy exception is unnecessary." So where chapter 378 already supplies a remedy for the firing, as it does for discrimination, the claim is brought under the statute rather than as a Parnar tort.

Deadline. No Hawaii statute sets a deadline for a Parnar claim specifically. HRS 657-7 gives two years for actions for damage or injury to persons or property, but our research did not find a Hawaii court decision applying it to Parnar claims. Get legal advice promptly.

Implied contracts and employee handbooks (Shoppe)

Under Shoppe, an employer's rules in a policy manual can change at-will status where the employer, "by its language or by the employer's actions, encourages reliance thereon," applying the court's earlier decision in Kinoshita v. Canadian Pacific Airlines, 68 Haw. 594. In Shoppe itself, Gucci's handbook said employment was at will and gave supervisors discretion over discipline, and the court held it did not create an enforceable duty to give two written warnings before a termination.

Good faith and fair dealing. Hawaii does not imply a duty to fire only in good faith. In Parnar, as quoted in Shoppe, the court was "unwilling to imply into each employment contract a duty to terminate in good faith" and subject every discharge to "judicial incursions into the amorphous concept of bad faith." It adopted the public-policy exception instead.

Whistleblowing (HRS 378-62)

Under HRS 378-62, an employer may not discharge, threaten or otherwise discriminate against an employee because the employee, or someone acting for the employee, reports or is about to report to the employer or to a public body, verbally or in writing, a violation or suspected violation of a law, rule, ordinance or regulation of the State, a political subdivision or the United States, or of a government contract. Reports the employee knows are false are not protected. The Act also protects an employee asked by a public body to take part in an investigation, hearing, inquiry or court action.

The employee sues in circuit court "within two years after the occurrence of the alleged violation" (378-63(a)). The court may order reinstatement, back wages, restored fringe benefits and seniority, and actual damages, and may award costs including reasonable attorney's fees (378-64); a separate fine of $750 to $7,500 per violation goes to the state general fund (378-65). For more, see Hawaii whistleblower laws.

The Hawaii False Claims Act separately protects an employee, contractor or agent who is discharged, demoted, suspended, threatened or harassed because of lawful acts in furtherance of a false-claims action or other efforts to stop or address false claims. Relief includes reinstatement, two times back pay with interest, special damages, litigation costs and attorney's fees, and the action must be brought within three years of the retaliation (HRS 661-30).

Firing because of a work injury (HRS 378-32(a)(2))

It is unlawful to suspend, discharge or discriminate against an employee "solely because the employee has suffered a work injury" that is compensable under the workers' compensation law, unless the employee can no longer perform the work and no other work is available. A discharged employee gets first preference for reemployment. This protection does not apply to an employer with fewer than three employees at the time of the injury, and it has an exception tied to collective bargaining agreements that prevent continued employment. HRS 386-142 is a parallel provision enforced through the director of labor.

The deadline is short: a complaint must be filed with the Department of Labor and Industrial Relations within 30 days after the act or after the employee learns of the suspension or discharge (378-33(b)). If the discharge happens while the injured employee is still physically or mentally unable to work, the complaint may also be filed within 30 days after the employee is able to return to work (378-33(b)). After a hearing, the department may order reinstatement with or without back pay, or back pay without reinstatement (378-35). For the benefits side, see Hawaii workers' compensation laws.

Other unlawful suspensions and discharges (HRS 378-32)

The same section, with the same 30-day DLIR deadline, bars discharge in several other situations:

• Sick leave (378-32(b)): an employer may not bar, discharge, withhold pay from or demote an employee for using accrued and available sick leave. This applies only to employers that have a collective bargaining agreement with their employees and employ 100 or more employees, and the employer may require a physician's verification after three consecutive days.
• Garnishment (378-32(a)(1)): discharge solely because of a garnishment summons or a petition for a wage-earner plan.
• Testimony (378-32(a)(3)): discharge because the employee testified or was subpoenaed to testify in a proceeding under part III of chapter 378, the unlawful-discharge part that includes 378-32.
• On-site drug screening (378-32(a)(4)): discharge solely because the employee tested positive on a substance abuse on-site screening test conducted under HRS 329B-5.5, subject to the exception stated in the section.

Wage complaints (HRS 387-12(b)(3))

Under the Wage and Hour Law, it is a misdemeanor for an employer or its agent to discharge or discriminate against an employee for complaining about unpaid wages, starting a proceeding, or testifying, punishable by a fine of $500 to $5,000, up to one year in jail, or both. The parts of 387-12 we reviewed state that criminal penalty; our research did not locate a private damages remedy for the discharge itself.

Family leave (HRS chapter 398)

Under HRS 398-7(a), an employee returning from family leave is entitled to be restored to the same or an equivalent position, subject to a layoff exception. HRS 398-8 also makes it unlawful to interfere with family-leave rights or to fire someone for opposing a violation, filing a charge, giving information or testifying. A complaint goes to the Department of Labor and Industrial Relations within 90 days of the act or of learning of it, and never more than 180 days after the act (398-21(d)); after a notice of right to sue, a civil action may be filed within 90 days (398-27(a)). Remedies include lost wages and benefits, possible liquidated damages, and attorney's fees (398-26, 398-27(c)). The law covers employers with 100 or more employees (398-1).

Jury service (HRS 612-25)

An employer may not fire, threaten or coerce an employee because the employee receives or responds to a jury summons, serves as a juror, or attends court for prospective jury service; doing so is a petty misdemeanor. A fired employee may sue within 90 days of the discharge for lost wages, capped at six weeks, and reinstatement, and a prevailing employee recovers a reasonable attorney's fee.

Workplace safety (HRS 396-8(e))

Hawaii's occupational safety law bars firing an employee for refusing to operate unsafe equipment or engage in unsafe practices, or for filing a safety complaint or testifying. The employee may file a complaint with the director of labor and industrial relations within 60 days of the violation, and if the director determines the law was violated, the director "shall order the employer to provide all appropriate relief to the employee," including reinstatement with back pay and restored seniority (396-8(e)(6)).

Our research did not cover voting leave, off-duty marijuana use, or a Hawaii test for constructive discharge (quitting because conditions became intolerable).

Wrongful termination deadlines in Hawaii

The EEOC deadline in Hawaii. The EEOC's Honolulu Local Office and Los Angeles District Office both say an individual has 300 days from the date of alleged harm to file a charge against a Hawaii employer with 15 or more employees, and 300 days for age discrimination against an employer with 20 or more. For smaller employers, both pages tell readers to file with the state agency within the time the state law sets. Those pages had not been updated for Act 56 when they were fetched: under the statute as amended, the Hawaii Civil Rights Commission deadline is one year for claims that had not expired by May 28, 2026.

Where to file in Hawaii

• Discrimination and retaliation under chapter 378: the Hawaii Civil Rights Commission (HCRC), part of the Department of Labor and Industrial Relations, 830 Punchbowl Street, Room 411, Honolulu; (808) 586-8636. Intake begins with a pre-complaint questionnaire, and the HCRC's FAQ says to contact the office immediately if you are unsure whether a claim is still within the deadline.
• Federal claims: the EEOC, through the EEOC Public Portal or by phone at 1-800-669-4000 when a deadline is near. The HCRC's FAQ says it has workshare agreements with the EEOC and HUD, and complaints filed with the EEOC are typically dual-filed with the HCRC when the category is protected under both state and federal law.
• Work-injury, sick-leave, garnishment and drug-screening discharges under 378-32: the Department of Labor and Industrial Relations, within 30 days.
• Whistleblower and Parnar claims: circuit court.

The notice of right to sue

Under HRS 368-12, "The commission may issue a notice of right to sue upon written request of the complainant. Within ninety days after receipt of a notice of right to sue, the complainant may bring a civil action under this chapter." The HCRC's FAQ says a complainant may ask to withdraw the case to seek a right to sue in circuit court. Our research did not locate the statutory sentence on whether a lawsuit under chapter 378 must always be preceded by an HCRC complaint, so file with the HCRC within the deadline and get advice before going straight to court.

What a court can award in Hawaii

Under HRS 368-17(a), remedies ordered by the commission or a court "may include compensatory and punitive damages and legal and equitable relief," including hiring, reinstatement or upgrading with or without back pay, damages for injury or loss, and a reasonable attorney's fee. HRS 378-5(b) adds that a court may order reinstatement, hiring and other equitable relief, but "Backpay liability shall not accrue from a date more than two years prior to the filing of the complaint with the commission."

In a court action under part I of chapter 378, the court "shall allow costs of action, including costs of fees of any nature and reasonable attorney's fees, to be paid by the defendant," in addition to any judgment for the plaintiff (378-5(c)). Our research found no cap on compensatory or punitive damages in 368-17 or 378-5.

For comparison, federal Title VII and ADA claims cap combined compensatory and punitive damages at $50,000 to $300,000 depending on employer size (42 U.S.C. 1981a(b)(3)). The wrongful termination guide lists the tiers.

Recent change: one year to file with the HCRC (Act 56 of 2026)

Act 56 of 2026 (SB 2727) was signed on May 28, 2026 and took effect on approval. According to the HCRC's notice on the law, it "extends the statute of limitations to file complaints with the Hawaiʻi Civil Rights Commission to one (1) year from when an alleged unlawful discriminatory practice occurred, or of the last occurrence in a pattern of ongoing discriminatory practice." The HCRC says the change applies prospectively, to claims that had not yet expired on the date of enactment.

The online version of HRS 368-11 had not been updated to reflect Act 56 when our research checked it, so rely on the HCRC's notice or the session law, not the online section text, for the current deadline.

Personnel files and termination letters

Our research did not locate a Hawaii statute requiring an employer to give a written reason for a firing, and it did not cover whether Hawaii law gives employees access to their personnel files.

Practical steps after a firing in Hawaii

Write down the date you were fired, who told you, the reason given, and any complaint, report, injury, leave or garnishment involved, and keep any handbook or offer letter. The deadline to watch most closely is 30 days for a work-injury or other 378-32 discharge; a jury-service suit has 90 days, and a discrimination complaint to the HCRC has one year. For your last wages, see Hawaii final paycheck laws.

If the employer offers money for a release, read it before signing: a release can give up the claims described here. Our Hawaii severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing for a claim.

Related

• Wrongful termination laws by state
• Hawaii at-will employment laws
• Hawaii whistleblower laws
• Hawaii workers' compensation laws
• Hawaii severance pay laws

Disclaimer: This article provides general legal information about Hawaii wrongful termination law (the Hawaii Employment Practices Act, HRS chapters 368 and 378 as amended by Act 56 of 2026, the Parnar public-policy exception, and HRS 378-32, 378-62, 387-12 and 398-7) and the federal laws that apply in Hawaii. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Hawaii Civil Rights Commission, the Department of Labor and Industrial Relations, the EEOC, a legal aid office or a lawyer licensed in Hawaii.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in Hawaii?

Only when the firing broke a specific law or agreement, such as the Hawaii Employment Practices Act (HRS 378-2), the Whistleblowers' Protection Act (378-62), the work-injury rule in 378-32, an implied contract, or a clear mandate of public policy under Parnar v. Americana Hotels (1982).

How long do I have to file with the Hawaii Civil Rights Commission?

One year from the discriminatory act or the last occurrence in a pattern of ongoing discrimination, for claims that had not expired on May 28, 2026, when Act 56 of 2026 took effect.

Does Hawaii discrimination law cover small employers?

Yes. HRS 378-1 defines an employer as any person, including the State and its political subdivisions, having one or more employees, other than the United States.

What is the EEOC deadline in Hawaii?

The EEOC Honolulu and Los Angeles offices both say 300 days from the date of alleged harm for employers with 15 or more employees (20 or more for age).

What if I was fired for getting hurt at work in Hawaii?

HRS 378-32(a)(2) bars firing solely because of a compensable work injury, with exceptions, and the complaint must go to the Department of Labor and Industrial Relations within 30 days, or within 30 days after you can return to work if you were fired while still unable to work (378-33(b)).

Are discrimination damages capped in Hawaii?

Our research found no cap in HRS 368-17 or 378-5. Compensatory and punitive damages are available, and a court must award reasonable attorney's fees to be paid by the defendant in an action under part I of chapter 378 (378-5(c)).

Is there a good faith requirement for firing in Hawaii?

No. In Parnar v. Americana Hotels (1982), the Hawaii Supreme Court declined to imply a duty to terminate in good faith into employment contracts and adopted the public-policy exception instead.