SLIDE 5 8/23/2017 5
An adverse employment action is not ok when
based on*:
Refusing to commit an unlawful act Performing an important public obligation
(e.g., jury duty, whistle blowing, refusing to violate professional code of ethics)
Exercising a statutory right or privilege Separating from your employer Separation agreement Severance pay/Release Agreement Clawbacks
Termination, cont.
*Parnar v. Americana Hotels, Inc., 652 P .2d 625, 631 (Haw. 1982)
Non-Compete/Restrictive Covenants
- Why do Courts often hesitate to enforce restrictive
covenants?
- Because it restrains trade
- Hawaii law states, “[e]very contract, combination
in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce in the State, or in any section of this State is illegal.” Haw. Rev . Stat. §480-4(a)
- What kind of non-compete agreement is allowed
between an employer and its employee or agent?
- “A covenant or agreement by an employee or agent
not to use the trade secrets of the employer or principal in competition with the employee’s or agent’s employer or principal, during the term of the agency or thereafter, or after the termination of employment, within such time as may be reasonably necessary for the protection of the employer or principal, without imposing undue hardship on the employee or agent.” HRS §480-4(c)(4)
Non-Compete/Restrictive Covenants, cont.
