Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Is a Hawaii employer required to notify an employee at the…

Customer Question
Second opinion] Is a...

Second opinion] Is a Hawaii employer required to notify an employee at the time the employee is terminated?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

See above, Hawaii.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will, full-time.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Received written notice on 1/10/18 that my employment was terminated on 12/26/17. was on medically stipulated sick leave from 12/27/17 thru 1/10/18. Released back to work on 1/10/18, at which point I received the backdated termination notice.

Submitted: 4 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 8 hours by:
1/14/2018
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 21,713
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Employment Law Question
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

I am sorry to read about your difficulties.

Your Question:

Is a Hawaii employer required to notify an employee at the time the employee is terminated?

Response: Yes. Notice of termination must have been sent or communicated to you on or before 12/26/17, the date of your termination. The backdating of the notice affects your benefits especially your health insurance benefits. Also, you were also supposed to be provided notice regarding COBRA--your right to continued health insurance coverage. If your health benefits are denied because of this backdated notice, you need to file complaint with your State's Department of Labor or with U.S. Department of Labor, Employee Benefits Security Administration.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Some clarifying details, and additional questions:The employer claimed on 1/10 by text that I had been terminated on 12/26, my day off, for insubordination. She also claimed I had "attacked" the other owner in the walk-in. (I had requested a private meeting with the other owner, my direct supervisor, on the 23rd; he requested we meet in the walk-in refrigerator for privacy, where we had a civil conversation.)There are three possible motivations for the employer's incorrect assertions I can think of:(1) attempting to avoid paying Unemployment, by discrediting me and claiming I was terminated for cause;(2) attempting to avoid paying Work Comp for the two weeks I was out on medical leave for a work-generated condition from 12/27 through 1/10. (The doctor released me to return to work on restricted duty on the 11th);(3) attempting to avoid a possible unlawful termination filing, by claiming on 1/10 that I was terminated 12/26 for insubordination just before my medically necessary leave which began 12/27.I emailed my medical leave notice to both company owners/direct supervisors and the co-employer/outsourced HR and Payroll business owner on 12/27. This notice stated the work-generated reason for the medical leave, the term of the leave, and the release back to work on 1/11 with restricted duty terms.The HR/Payroll business owner emailed back to me on 12/28, thanking me for submitting my doctor's note.At no point prior to 7pm on 1/10 did any of the employers give notice that I was terminated - not verbally, not by text, email, nor US Mail.
.On 1/10 at 6:45pm I texted my employers/direct supervisors to remind them per the doctor instructions, I was cleared for restricted duty effective Thurs 1/11, that I assumed my Thurs-Mon schedule was still in place, and that I would be in at 7am on the 11th to unlock the door per normal procedure, unless I heard differently from them.A few minutes after I sent my text on Weds 1/10 with confirmation of readiness to return to work on 1/11, I received a text response from the owner/supervisor stating I had been terminated on the 26th for insubordination, that she was clear the employment was no longer a good fit, and best of luck in my new endeavors.To date I have received no follow up from any of the employers regarding Work Comp or TDI coverage while I was off-duty for the work-generated medical leave, nor any information about COBRA.My additional questions for you are:(1) Am I eligible for Unemployment, as I received no disciplinary notices nor documentation of termination for any cause?(2) Am I eligible for Work Comp, and/or TDI for the 2 weeks I was unable to work, regardless of the erroneous date of the termination (26th not 10th)?(3) Does this sound like Unlawful Termination? (as I believe I was really terminated due to the medical condition and time away from work, and not terminated for spurious reasons relating to "attacks" which were meetings and unsubstantiated assertions of "insubordination").My last day worked was the 25th, I worked my full shift, had a brief and pleasant meeting at the end of that shift with the owner/supervisor I purportedly "attacked" two days prior. The following two days were my regularly scheduled days off Tu/Weds the 26 and 27th. I submitted my doctor's note on the 27th, received the confirmation of receipt on the 28th, and have been paid in full for the pay period which closed on the 25th.Thank you for your attention to this matter.
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

Thank you for the information.

Kindly give me a few minutes to review the information and prepare my response.

Thank you for your patience.

Ask Your Own Employment Law Question
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

Your Questions:

My additional questions for you are:

(1) Am I eligible for Unemployment, as I received no disciplinary notices nor documentation of termination for any cause?

Response 1: Whether or not you would be eligible for unemployment benefit would depend on your interview and your former employer's interview with the unemployment office. A decision would be made by the office as to your eligibility after those interviews. If the decision is not in your favor, you would be given an opportunity to file an appeal from the adverse decision.

(2) Am I eligible for Work Comp, and/or TDI for the 2 weeks I was unable to work, regardless of the erroneous date of the termination (26th not 10th)?

Response 2: Yes. There is no "erroneous date of termination." Your employer illegally backdated the date of your termination.

(3) Does this sound like Unlawful Termination? (as I believe I was really terminated due to the medical condition and time away from work, and not terminated for spurious reasons relating to "attacks" which were meetings and unsubstantiated assertions of "insubordination").

My last day worked was the 25th, I worked my full shift, had a brief and pleasant meeting at the end of that shift with the owner/supervisor I purportedly "attacked" two days prior. The following two days were my regularly scheduled days off Tu/Weds the 26 and 27th. I submitted my doctor's note on the 27th, received the confirmation of receipt on the 28th, and have been paid in full for the pay period which closed on the 25th.

Thank you for your attention to this matter.

Response 3: There is an argument to be made that the real reason for your termination was due to your medical condition. You can file complaint for wrongful termination with U.S. Equal Employment Opportunity Commission or Hawaii Civil Rights Commission if your employer has 15 or more employees.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 21,713
21,713 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Wrongful termination. Georgia. I had received an email
I had received an email saying I was terminated EEOC advised me they was suppose to have given me a separation letter … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I believe I may have a case for wrongful termination.
I believe I may have a case for wrongful termination. … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
For wrongful termination what kind of lawyer should I get.
For wrongful termination what kind of lawyer should I get … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
186 satisfied customers
How do I file a wrongful termination suit against my former
How do I file a wrongful termination suit against my former employer. During my employment I filed to complaints with the MCAD. As well as reported the sexual, verbal, skin color suit. I even reported… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I need to know if I have a case for wrongful termination? At
I need to know if I have a case for wrongful termination ? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Wrongful termination question; Regarding a 3 year civil
Wrongful termination question;Regarding a 3 year civil claim with an employer. And finally it is clear that the employee was indeed wrongfully terminated.My question is;When terminated wrongfully what… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In a wrongful termination complaint against former employer
In a wrongful termination complaint against former employer City of Aspen, is it more customary to list Defendant as just the City, people involved, both, or other?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
It's a labor question employment law. I'm seeking a lawyer.
well I was denied unemployment - the employer said I was insubordinate. I am trying to create an appeal and I was hoping the attorney would look at what I wrote.… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Are you a wrongful termination lawyer? Not yet. At will. My
Are you a wrongful termination lawyer? JA: Was the termination discussed with a manager or HR? Or with a lawyer? Customer: Not yet JA: Is the workplace "at will" or union? Is the job hourly or salarie… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
21,713 satisfied customers
I am looking for a "wrongful termination" lawyer in central
I am looking for a "wrongful termination" lawyer in central Iowa. Due to the method of being fired from my job on 11/19/15 I have been diagnosed with PTSD, I am on 3 different depression meds plus blo… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,365 satisfied customers
DO I HAVE A CASE FOR WRONGFUL TERMINATION IF I WAS
DO I HAVE A CASE FOR WRONGFUL TERMINATION IF I WAS TERMINATED BECAUSE I WOULDN'T PROVIDE A FALSE STATEMENT AGAINST ANOTHER WORKER TO PREVENT THEM FROM OBTAINING UNEMPLOYMENT AS PER SUPERVISOR? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,868 satisfied customers
If we are interviewing an applicant for a field laborer
If we are interviewing an applicant for a field laborer position, are we allowed to ask them if they have ever experienced a previous work injury, and if so, inquire about the circumstances surroundin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Wrongful termination. I live in Florida - the corporate
I live in Florida - the corporate headquarters are in Indiana . … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I'm curious about a wrongful termination/ hostile work
I'm curious about a wrongful termination/ hostile work environment case that I have. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,365 satisfied customers
It is about wrongful termination. Georgia. There is much to
There is much to this. Yes, I signed a termination paper but was so mad at the time I did not read or get a copy. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My case is complex but there was wrongful termination,
My case is complex but there was wrongful termination, discrimination, etc I️ was told that bc the company has 5 employees I️ do not have an employment law case … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,212 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,919 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x