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Fired Over an Injury, a Garnishment or Sick Leave

HRS 378-33 — a written complaint to the labor department within thirty days

  • An employer may not suspend, discharge or discriminate against an employee solely because the employer was summoned as a garnishee on the employee's debt, or the employee filed a wage earner plan in bankruptcy.
  • Nor solely because of a compensable work injury, unless the employee can no longer do the work and the employer has no other available work the employee can do. An employee discharged that way gets first preference for later openings.
  • Nor for testifying in a proceeding under this part.
  • At an employer with a collective bargaining agreement and one hundred or more employees, using accrued sick leave is protected, and written verification from a physician may be required after three or more consecutive days.
  • HRS 378-32
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Who handles this in Hawaii: Legal Aid Society of Hawaii, phone intake and Disability Compensation Division, Department of Labor and Industrial Relations; and legal aid programs, lawyer referral and the state offices, listed in the Hawaii directory.Holding a paper like this? Read my paper can read one for you, free with an account.

An aggrieved employee files a written complaint with the department of labor and industrial relations no later than thirty days after the act or after learning of the suspension or discharge.

  • HRS 378-33
Sources for this section (2)
  1. HRS 378-32 — Unlawful suspension, barring, discharge, withholding pay, demoting, or discrimination
  2. HRS 378-33 — Complaint against unlawful suspension, discharge, or discrimination

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.

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