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Hawaii Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Civil Rights and Military Law for Hawaii on
Q: Army EO complaint

An EO complaint was brought against me. The IO found that I committed unlawful discrimination, however, the independent SJA review found that it was legally insufficient. What should I expect will happen next?

I am an active duty O-3 in the Army.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

As an active duty O-3 in the Army, you may expect further review of the EO complaint by your chain of command. The SJA review found the complaint legally insufficient, so it is possible that the complaint may be dismissed. However, it is ultimately up to your chain of command to make a... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Business Law and Civil Rights for Hawaii on
Q: Can my employer which is a corporation be admin. dissolved or dissolve the company after I filed a lawsuit on them?
Robert Kane
Robert Kane
answered on Aug 26, 2023

Was your "employer which is a corporation [ ] admin. dissolved or dissolve the company after [you] filed a lawsuit on them?" Are you preparing or reacting? How it is dissolved makes a difference. To answer your question, yes. What you need to do depends on the situation.

1 Answer | Asked in Employment Discrimination and Employment Law for Hawaii on
Q: Employment, Unemployment and Covid.

I dont know if this is the right place but my nephews employer won't let him come back to work. He started at the beginning of the summer. Ended up catching covid. He went to the doctor, did his quarantine over a month ago. Job says he still can't come back until he shows negative covid... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 6, 2021

Your nephew's job is permitted to ask for a negative covid test or vaccination from your nephew, but they are not permitted to request negative covid tests or other medical information for everyone living in his household.

1 Answer | Asked in Employment Law and Military Law for Hawaii on
Q: I have moved to South Korea with my military spouse. Can I receive unemployment benefits from the state of Hawaii?
Sabra M. Janko
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2020

You should speak with the Hawaii unemployment department. Each state has different provisions for unemployment and this information can be obtained from the department. It is not a question requiring the assistance of an attorney.

1 Answer | Asked in Employment Law for Hawaii on
Q: so my dad got ticket 127a-25 but he just came from work

my dad just came from work then when he just driving back to home he get full over the the cops gave him ticket about 127a-25

Maurice Mandel II
Maurice Mandel II
answered on May 30, 2020

That is just horrible, so sorry to hear this. But even if your dad was driving a company vehicle, the company is not usually responsible for moving traffic violations, it is the responsibility of the driver to comply with the traffic laws.

You should consult an employment attorney in your...
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2 Answers | Asked in Employment Law for Hawaii on
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... View More

Carrie Dyer
Carrie Dyer
answered on May 6, 2020

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... View More

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1 Answer | Asked in Employment Law and Immigration Law for Hawaii on
Q: Filing unemployment but my I-551 card does not have exp. date, what should I put on the unemployment application?
Adan Vega
Adan Vega
answered on Apr 18, 2020

You are a permanent resident. If you lose your resident card or you are in possession of a resident card that is expired or a version that has no expiration date, you are and, in fact , remain a permanent resident until you voluntarily abandon that status or a judge rules that you are no longer a... View More

1 Answer | Asked in Employment Law, Admiralty / Maritime and Arbitration / Mediation Law for Hawaii on
Q: I have a situation with a union that requires me to fly out to another State to their medical facility for a physical.

If I don’t the Union will not “clear” me to work. Amid the Covid-19 outbreak I have asked if the Union has designated “local” areas in my Home State where we can complete annual physicals while reducing the risk of spreading or contracting COVID-19. Their answer was no, and that there... View More

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2020

The maritime unions are dealing with some extraordinary measures in light of this virus, particularly for vessels operating in the Pacific. There have been newly implemented measures involving restriction of crews to vessels, cessation of crew rotations, etc. Given the current atmosphere, unions... View More

2 Answers | Asked in Employment Law, Personal Injury, Insurance Defense and Business Law for Hawaii on
Q: Is licensure required to practice Biomechanics, particularly Forensic Biomechanics, in the state of Hawaii?
Peter N. Munsing
Peter N. Munsing
answered on Aug 16, 2016

Depends on what the person is doing. For many aspects of engineering you don't need to be a licensed P.E.

As to "forensics" that will depend on whether a Court recognizes the individuals training, experience and background.

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