Quick Facts — Employment Contract Lawyers

What is a Hawaii Employment Contract?

In Hawaii, an employment contract is a legally binding agreement executed by an employer and an employee. This agreement outlines the roles, responsibilities, and rights of each party throughout the term of employment. In addition to employees, employment contracts can also be executed when hiring contractors and freelance workers.

Hawaii is an “at will” employment state. This means that an employer does not have to give an employee a reason to terminate employment. Having an employment contract that clearly defines causes for termination can protect an employee from this practice.

Are Employment Contracts Enforceable in Hawaii?

Hawaii Courts will enforce certain aspects of an employment contract. Clauses that define roles and responsibilities, salary, and causes for termination will generally be enforced as long as they don’t violate laws or public policy.

Hawaii has more strict policies regarding restrictive employment contracts like non-compete agreements. Under Hawaii Revised Statutes, a contract that restricts trade and commerce is illegal.

A non-compete clause is not considered reasonable and will not be enforced for the following reasons:

  1. It is greater than required to protect the employer
  2. It imposes undue hardship on the restricted employee
  3. The benefit of the non-compete clause is outweighed by injury to the public

What Are the Legal Requirements for Hawaii Employment Contracts?

In Hawaii, employment contracts must follow the basic laws for contracts. Employment contracts can be either written or verbal and must include an offer, acceptance, and consideration.

Even when there is no clear contract, an employment contract can be implied. An implied contract is created based on the actions, conduct or circumstances of the parties.

Types of Hawaii Employment Contracts

There are several types of employment contracts that may be used by an employer. The contract type depends on the type of employee being hired and the work that needs to be completed.

Common types of employment contracts include:

  • Permanent employee contracts
  • Fixed term employee contracts
  • Independent contractor employee contracts
  • Subcontractor employee contracts

Frequently Asked Questions

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North Carolina Employment Contract Review Review
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California Employment Contract Review Review
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Maryland Existing Employee asked to sign NDA, IP assignment and non-disparagement agreement Review
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Texas Employment Contract Review Review
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Tennessee Review employee agreement Review
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Oklahoma review dental employment contract Review
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Jeanilou M. on ContractsCounsel
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Member Since:
August 10, 2023

Jeanilou M.

Small Business Lawyer
Free Consultation
Honolulu, Hawaii
16 Yrs Experience
Licensed in HI CA
Concord Law School

Jeanilou G.T. Maschhoff has over 20 years of comprehensive business operations, finance, and development experience in addition to being a licensed attorney in California and Hawaii. She zealously works as a Trusted Advisor, Business/Brand Consultant, and Advocate for small businesses, non-profit organizations, and personal brands. She is dedicated to helping female business owners and professionals in the entertainment, beauty, fashion, and wellness industries make their goals a reality. She uses her diversified expertise to provide a holistic approach to addressing business and legal needs. Acting as a trusted advisor and outsourced general counsel, she assists on an array of business and personal matters. Passionate about social justice and assisting underrepresented populations, Jeanilou started her legal career working in the non-profit sector working towards access to justice and gender equity. She continues to assist non-profit organizations in many capacities and actively looks to partner businesses with charitable causes, creating a synergistic effect that benefits not only the organizations involved but our society as a whole. As an early adopter of the virtual practice of law, Jeanilou has been assisting law firms and solo practitioners adjust to the remote delivery of legal services and helping businesses explore Web 3.0.

Samantha P. on ContractsCounsel
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Member Since:
October 24, 2023

Samantha P.

Family Law Attorney
Free Consultation
Honolulu, Hawaii
6 Yrs Experience
Licensed in HI
William S. Richardson School of Law at the University of Hawaii

Samantha earned her J.D. at the University of Hawaii, William S. Richardson School of Law and has been a member of the Hawaii State Bar Association since 2020. Samantha has worked as a Family Law attorney in Hawaii since 2020, and has represented clients on a variety of family law matters including: premarital agreements, pre- and post-judgement custody, parenting time and child support issues, pre- and post-divorce issues, interstate custody, and paternity issues. Samantha is a certified E-RYT 200 yoga instructor, taught yoga classes at the Modern Hotel in Waikiki throughout law school, and continues to teach yoga classes at various yoga studios in Honolulu to this day.

Jerry C. on ContractsCounsel
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October 29, 2024

Jerry C.

Partner
Free Consultation
HAWAII
30 Yrs Experience
Licensed in HI
Univ. of Hawaii, W. Richardson School of Law

I have been practicing law for over twenty years. My practice includes employment/labor law, alternative dispute resolution, estate planning, business and general civil matters.

Shannon Y. on ContractsCounsel
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July 25, 2025

Shannon Y.

Attorney
Free Consultation
Kailua, Hawaii
13 Yrs Experience
Licensed in HI
William S. Richardson School of Law at UH Manoa

Attorney specializing in Family Law and Small Business Law. Georgetown and London School of Economics alum. Law Degree from UH Manoa Richardson School of Law. Small local business entrepreneur on Oahu for 10+ years.

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Lawyer Reviews for Hawaii Employment Contract Projects

Review Employment Contract

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"Hired Daniel for an IP/employment review on an onboarding situation with prior-employer overlap. What started as a focused scope grew into a multi-document protective package — RTA, employment amendment, equity side letter, scope-confirmation disclaimer, and full memo. Quick turnaround on revisions, item-by-item responses to my review notes that made the back-and-forth efficient, and practical sequencing guidance on what to execute and in what order. NY-licensed since 1996 and it shows in the governing-law analysis and structural drafting choices. Would hire again."

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Review Employment Contract/offer - remote, part-time financial advisor with Intellectual property language

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"Allen was fast but very thorough in reviewing and proposing changes to 11 pages of employment-related contracts. He exceeded my expectations. Would be happy to work with him again."

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Edward R. on ContractsCounsel
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August 20, 2023

Edward R.

Attorney
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San Diego, CA
23 Yrs Experience
Licensed in CA
University of San Diego

I have been a California since 2003 when I graduated from the University of San Diego School of Law and have worked in-house and at several major law firms before starting my own practice. I specialize in intellectual property and other business-related issues and have helped many entrepreneurs grow their ideas into profitable businesses.

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"An amazing attorney with excellent communication! We hired him for a Trademark application and we were pleased with every aspect of the process. Highly recommend!!"

Eleanor W. on ContractsCounsel
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July 3, 2023

Eleanor W.

Attorney
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Bellevue, WA
14 Yrs Experience
Licensed in WA
Seattle University School of Law

I have been working as a document review attorney since 2011. I have also done some business and estate planning work. I am fluent in English, Chinese, French, and Japanese.

zurick s. on ContractsCounsel
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zurick s.

Attorney & Principal
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Washington, D.C., DC, United States
20 Yrs Experience
Licensed in DC
Texas Southern University at Thurgood Marshall School of Law

Zurick T. Smith is the founding member of The Law Office of Zurick T. Smith, PLLC. His firm services DC residents with Trusts & Estate Planning, simple to complex employment and business matters as well as business formations.

Employment

Employment Contract

California

Asked on Apr 22, 2023

What's intellectual property in an employment contract?

I recently accepted a job offer that contained an employment contract. The contract states that I will not use any intellectual property of the company without prior written consent. I am unsure what exactly constitutes as intellectual property and would like to get a better understanding of the definition of intellectual property in the context of an employment contract.

Russell M.

Answered Apr 28, 2023

Your Agreement may contain a definition like this: “Intellectual Property” means recognized protectable rights and interests such as: patents (whether or not issued), copyrights, trademarks, service marks, applications for any of the foregoing, inventions, Confidential Information, trade secrets, trade dress, domain names, logos, insignia, color combinations, slogans, moral rights, right of publicity, author’s rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices business processes, developments, innovations. But a few of these are going to be most likely available to you. Internal company know-how or “ how we do things here that help us succeed”. Note the words “Confidential Information”. Confidential Information is another defined term which includes customer and employee information, pricing and business strategy and plans, among others.

Read 1 attorney answer>

Employment

Employment Contract

Washington

Asked on Jul 15, 2025

Can my employer change the terms of my employment contract without my consent?

I have been working for a company for the past three years, and my employment contract clearly outlines my job responsibilities, salary, and benefits. However, recently my employer informed me that they are planning to make changes to my contract, including reducing my salary and removing certain benefits. I am concerned about the legality of these changes and whether my employer can modify the terms of my contract without my consent.

Merry K.

Answered Jul 22, 2025

I'm sorry to hear about this proposed change. Whether or not your employer can make such changes unilaterally depends almost entirely on how your contract is written. For example, if your contract clearly states that you are an "at will" employee, your employer can not only make whatever changes it wants, but can also discipline you or terminate you with no reason at all and only a one second advance notice. If it's not an "at will" contract, there may be a paragraph or two that addresses amendments to the agreement - eg, some such contracts may say that an employer can make changes with two weeks advance written notice; another may say that changes will be negotiated in advance between employer and employee. You may want to have an employment attorney, such as myself, review your contract as well as any recent correspondence you may have received from your employer. You may also want to try to very quietly try to find out whether or not other employees are possibly in the same boat as you - it's possible that the employer is cutting back on some benefits to save money, rather than laying off or terminating some or all of their employees. Good luck to you - and if you'd like to reach out to me, you can find me through ContractsCounsel.com or on WSBA.org Please be aware that the above information is provided for educational purposes only, and no attorney/client relationship has been formed Merry A. Kogut WSBA #16153

Read 1 attorney answer>

Business

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California

Asked on Oct 4, 2022

What is fixed term employment contract?

I have been given a contract that says 'Fixed Term Employment Contract'. How is this different than a normal employment contract? Is there anything I need to consider before signing this?

Michael M.

Answered Oct 7, 2022

This is an agreement that has a fixed amount of years which is agreed to by the employer and the employee. These types of agreements usually have a term of say 1, 2, or 3 years and often are renewable for another fixed term

Read 2 attorney answers>

Business

Employment Contract

Florida

Asked on Apr 17, 2023

What's the safety policy in an employment contract?

I recently accepted a job offer from a new employer and as part of the employment contract, I need to understand the safety policy in the workplace. I understand that safety policies in the workplace are important for the protection of both employees and employers, but I am not sure of the specific details of the safety policy included in my employment contract. I would like to know what safety policies are included in the contract in order to ensure that I have a safe working environment.

Diane D.

Answered May 2, 2023

Without seeing the contract, there is no way of knowing.

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Employment

Employment Contract

Massachusetts

Asked on Apr 12, 2023

What's paid time off in an employment contract?

I am a recent college graduate and I am in the process of negotiating an employment contract with a large company. I am trying to make sure I understand the terms of the contract, including the paid time off that is offered. I am hoping to get a better understanding of what's included in the paid time off section of the contract so I can make an informed decision about the offer.

Joseph M.

Answered May 12, 2023

Paid Time Off (PTO) is essentially days (or even hours) that the employee is not required to work but the employer still pays the employee for those hours. It can be awarded in a lump sum in advance, or earned and accumulated over time, dependent on the terms of the employment agreement. PTO may be granted in addition to or in lieu of vacation days, sick days, etc, again depending on the unique employment agreement.

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