Lahaina, HI asked in Employment Law for Hawaii

Q: Do I have a case for wrongful termination due to a false accusation made by a whistle blower?

I was an executive of an Independent hotel and was terminated due to a letter from a whistle blower send to the CEO/Owner of the company. The accusations were totally false however the owner of the company decided to terminate my employment without investigating my side of the story. Do I have any recourse?

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2 Lawyer Answers

A: Probably not. Hawaii is an at-will state, meaning that your employer can end the employment relationship for any reason or no reason. There are very few exceptions to this general rule. Without more information, I cannot determine if your situation falls into an exception. You should consult an employment attorney in your area to seek advice about your situation.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA

A: This sounds like a complex situation. Although Hawaii is an at-will employment state, there are laws regarding discrimination claims and investigations.

It is not clear from your brief description what the accusations were. Let's assume for discussion that you were accused of sexual harassment of a co-worker of the opposite gender. You may have recourse on the basis of gender discrimination against you when they take the work of the complainer and make no investigation into the facts. In other words, they just assume that you are guilty, because of your gender, and fire you.

You should consult an employment attorney in your area to seek advice about your situation.

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