Blog Archives

At-Will Employment
Workplace Accommodations Made Easy

Hi Everybody!   I hope you’ve all had a great year so far and have at least some free time to enjoy the Holiday Season!  I can’t believe that it’s Thanksgiving week already.  It seems like the days, weeks, months and years seem to go by so much faster as I get older.  Like the saying goes…

timeflies

Anyway, I wanted to send out a quick blog post to let you all know about an exciting workshop I will be presenting in the first quarter of 2015.  Due to several requests from HEC members, I’ve decided to put together a half-day program discussing the different types of accommodations employers must provide their employees (applicants and volunteers) in the workplace.  The topics of discussion will include accommodations based on disabilities, religion, pregnancy, status as a victim of domestic or sexual violence, and gender identity and expression, as well as others

The seminar will be presented on the following dates and locations.  All sessions will be held from 9 am to 12 noon.  (Click for link to registration form.)

The program will be informative, interactive and (hopefully) fun!  You can register for the event by visiting the training section of the HEC website at http://www.hecouncil.org/all-training.  I hope you can join me and Happy Holidays!

 

 
SES Seminar on Hiring and Firing in Today’s Economy

Earlier this month, I presented a seminar for Sterling Education Services on “Hiring and Firing Employees.”  I tailored the seminar to issues that are most prevalent in today’s current economy.

Hiring and terminations have always been two of the most important aspects of the employment process.  Whereas hiring the right employees can definitely enhance your workforce and increase profitability, hiring the wrong employees can oftentimes lead to disastrous results, such as poor productivity, workplace harassment, and unnecessary lawsuits.  In addition, there are several legal hurdles and pitfalls involved with the hiring process that employers need to avoid, such as inadvertently placing a job advertisement that could lead to a claim for discrimination.

Terminations are perhaps the most emotional and difficult part of the employment process.  Not only are terminations emotionally draining, but any misstep can lead to the former (and disgruntled) employees to file a lawsuit against your company.  The recent film, Up in the Air touched on a few of these issues.   Although the termination process can be emotionally and legally challenging, by knowing how to handle the process, it makes it a lot easier to go through.

With the current state of the economy, employment related lawsuits are on the rise.  As the economy worsens, people get more litigious.  Therefore, I recommend that all employers be very careful in the hiring and firing process, and consult their labor and employment attorneys when necessary.

 
At-Will Employment F.A.Q.

Is Hawaii employment at-will? If so, what does that mean?
Yes, the default employment status in Hawaii is at-will. At-will employment means either the employer or employee can terminate the employment relationship at any time, without or without reason. This does not, however, mean employers can terminate an employee for illegal reasons.

Are employees in Hawaii required to give two weeks notice for a resignation?
No. This is a common misconception by both employers and employees. Unless there is a contractual obligation to give two weeks notice, it is not required.

What are protected classes?
Protected classes include a person’s race, sex, sexual orientation, age, religion, color, ancestry, disability, marital status and arrest & court record. Employers are not permitted to take any adverse employment action against any employee or prospective employee because of any protected class.