Hawaii Whistleblower Law
Whistleblowers protected under “public policy” tort, but other statutory remedies may preclude use of the common law remedy.
Court Decisions:
- Parnar v. Americana Hotels, 652 P.2d 625 (Haw. 1982)
- Ross v. Stouffer Hotel Company Ltd, Inc., 879 P.2d 1037 (Haw. 1994)
- Fa v. Brigham Young University, 98 P.3d 246 (Haw. 2004)
Statute:
- Whistleblower Protection Act, HI Rev Stat § 378.61–69
Frequently Asked Questions
Does Hawaii have a False Claims Act (FCA)?
Yes, as well as a law that covers false claims to its counties. These laws cover more than just healthcare frauds.
Do the Hawaii laws have a whistleblower provision?
Yes, both the state and county laws do. State intervention in a case could leave a whistleblower with an award between 15 and 25 percent. In a case that lacks state intervention, a collection could be between 25 and 30 percent. Any indication that the claimant planned or initiated the violation may reduce the award.
Does Hawaii recognize the public policy exception for wrongful termination?
Yes. Hawaiians can make claims alleging that adverse employment action was taken in violation of public policy as an exception to the at-will doctrine. Employers cannot fire employees for reasons that conflict with policy of the state.
