If the department of labor and industrial relations finds, after a hearing, that an employer has unlawfully suspended, discharged or discriminated against an employee in violation of section 378-32, the department may order the reinstatement, or reinstatement to the prior position, as the case may be, of the employee with or without backpay or may order the payment of backpay without any such reinstatement.
Haw. Rev. Stat. § 378-35
Findings and order
Applied in 2 court decisions — leading case 324 F. Supp. 2d 1144 - Batacan v. Reliant Pharmaceuticals (2004)
Most recently applied in 945 F. Supp. 2d 1133 - Cambron v. Starwood Vacation Ownership, Inc. (May 2013)
L 1967, c 22, pt of §2; HRS §378-35; am L 1981, c 10, §3
Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.