Whistleblower Protection Attorney
Under the Hawaii Whistleblowers Protection Act, Hawaii Revised Statutes §378-61 et seq, private and public employers cannot discharge, threaten or discriminate against an employee regarding compensation, terms, conditions, location or privileges of employment because the employee reports a violation or suspected violation of a state, federal or local law, unless the employee knows the report to be false.
Hawai’i state courts have also recognized a public policy exception for whistleblowers under the common law. Parnar v. Americana Hotels, Inc., 65 Haw. 370, (Haw. 1982).
There are also a multitude of federal whistleblower statutes that protect workers from retaliation for reporting everything from fraud against the federal government to workplace safety violations.
Fujiwara and Rosenbaum, LLC represents whistleblowers against those who violate state and federal laws which prohibit whistleblower retaliation. We will work zealously to protect those who are brave enough to stand up for what is right. Our office is committed to helping those who whistle-blow for the benefit of themselves, their co-workers and society.”
Protection For Whistleblowers in Honolulu, Hawaii
The decision to go public with information about your employer mishandling finances is not something to be taken lightly. We all need to make a living and unfair treatment from your employer is extremely stressful – even if you feel that you are being honest.
You should not have to struggle financially for doing the right thing.
In Hawaii, the whistleblower protection law was created to ensure that any whistleblower who suffers a financial loss as a result of losing their job receives compensation.
What is Hawaii’s Law on Whistleblower Protection?
The law on whistleblower protection in Hawaii is robust. You can rest assured that retaliation from your employer will not be tolerated and that you will receive damages if you are treated unfairly.
The Hawaii False Claims Act provides a framework for people to file a lawsuit against their employer if they are aware that they have been acting fraudulently against the State of Hawaii.
The law also covers lawsuits for:
- Misappropriation of government property
- Failure to report the discovery of an accidental false claim
- Purposefully avoiding payment obligations
There is a statutory time limit on a whistleblower’s ability to bring a claim, so it is important that you seek advice from an employment law attorney as soon as possible.
Damages in a Whistleblower Lawsuit
If a company is found to have acted fraudulently, they will be ordered by the court to pay a hefty fine. A section of this fine will be earmarked for the employee who brought the claim.
There is no set amount of compensation in law. The percentage of damages that a whistleblower receives will vary on a case by case basis.
This is where the expertise of an employment law attorney will make all the difference to the amount of money that you are able to walk away with. The amount of damages that you can receive usually depends on the following:
- The seniority of the employee at the company and their salary level
- How much pay the whistleblower has lost out on due to being discriminated against
- Whether the court decides that interest will be added to the lost pay
How Can An Employment Lawyer Help Me?
In addition to the damages that can be won above, the level of compensation can be even higher if there are special circumstances in your case. In order to determine which specific circumstances will warrant a higher sum, you will need the experience of a specialist whistleblower attorney.
If your case is successful and the defendant is ordered to pay damages, it is likely that they will also be asked to contribute towards (if not to cover all) of your legal fees and expenses related to the whistleblower lawsuit.
At Fujiwara and Rosenbaum, we can advise you on the law in Honolulu specifically.