§621-10.5 - Unlawful suspension or discharge from employment; penalty; right of action. - Hawaii Statutes

     [§621-10.5]  Unlawful suspension or discharge from employment; penalty; right of action.  (a)  An employer shall not deprive an employee of the employee's employment, or threaten or otherwise coerce the employee with respect thereto, because the employee receives a summons, responds thereto, serves as a witness or attends court as a prospective witness.

     (b)  Any employer who violates subsection (a) is guilty of a petty misdemeanor.

     (c)  If an employer discharges or suspends an employee in violation of subsection (a) the employee within ninety days from the date of discharge or suspension may bring a civil action for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee.  Damages recoverable shall not exceed lost wages for six weeks.  If the employee prevails, the employee shall be allowed a reasonable attorney's fee fixed by the court. [L 1978, c 13, §1; gen ch 1985]