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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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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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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John W. on ContractsCounsel
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I am a business lawyer with 30+ years of experience, with a specialization in the life sciences industry. I have been general counsel at 5 different companies - both large and growing, as well as small and emerging. I have built legal teams and have extensive experience with Boards of Directors.

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Jeffrey Z. on ContractsCounsel
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Jeffrey Z.

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After a career in aviation, I went to Albany Law School graduating in 2003. I opened my own practice in 2005 following a 2-year term with a large, Albany-based law firm. I focus my practice on helping individuals and small business with various matters including defense representation, family law/matrimonial matters, estate planning, probate and estate administration, bankruptcy, business formation and general litigation.

Employment

Employment Contract

Georgia

Asked on Apr 12, 2025

Can a company withhold a performance bonus if I leave before the payout date?

I recently resigned from my job, and in my employment contract, there was a provision for a performance bonus to be paid out at the end of the year. However, the payout date is a few months away, and I am concerned that the company may try to withhold the bonus since I am no longer employed with them. I want to know if they have the legal right to do so, or if I am still entitled to receive the bonus based on my performance during my time of employment.

Jerome L.

Answered Apr 15, 2025

This is a great—and very common—question. Whether the company can legally withhold your performance bonus after resignation depends heavily on how your employment agreement is written and how the bonus is classified. Key Factors to Consider: 1. Is the Bonus Discretionary or Earned? If your contract defines the bonus as discretionary, the employer generally has the right to decide whether to pay it and can condition it on continued employment. If the bonus is based on meeting specific performance goals or metrics, and those have been satisfied, it may be considered earned—even if the payment date is in the future. 2. Does the Contract Require You to Be Employed on the Payout Date? Many agreements include language stating the employee must be actively employed on the bonus payout date. If such a clause exists, the company may be within its rights to withhold the bonus, even if the performance was completed. 3. What Is the Bonus Period? If your bonus was based on a performance period that has already ended (such as a calendar or fiscal year), and you met your goals, you may have a stronger case for claiming the bonus as earned compensation. Georgia-Specific Note: In Georgia, employment is at-will, and courts generally uphold the terms of a written employment agreement. However, Georgia courts have also recognized that earned wages (which can include bonuses if not discretionary) must be paid. If the bonus is performance-based and the company has paid similar bonuses under the same conditions in the past, you may have grounds to assert that the payment is owed. What You Can Do: Review your employment agreement and any bonus policy documents closely. Look for phrases like “discretionary,” “earned,” and “must be employed on the payout date.” If the language is unclear, you may want to consult an attorney to evaluate whether the company is legally permitted to withhold the bonus—or if you may have a claim based on how the bonus was structured and earned. If you would like help reviewing your agreement, I’d be happy to assist.

Read 1 attorney answer>

Employment

Employment Contract

North Carolina

Asked on Apr 18, 2023

What's position hierarchy in an employment contract?

I am a potential employee considering a job offer from a company. I have received a copy of the employment contract, but I am confused about the position hierarchy outlined in it. Specifically, I am unsure of the differences between the various job titles and the roles and responsibilities associated with each one. I would like to know more about the position hierarchy in the contract to better understand the job I am considering.

N'kia N.

Answered Jun 2, 2023

Position hierarchy may vary, as it is typically based on such factors as industry standards, company size, and internal policies. Before accepting an employment offer, a prospective employee should have a clear understanding of where the proposed position stands in the prospective employer's position hierarchy, as well as how the hierarchy affects the duties and responsibilities for that position. If the position hierarchy in a proposed employment contract or an employment offer letter is confusing, the prospective employee should seek clarification from the proposed employer.

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Labor

Employment Contract

Georgia

Asked on Oct 4, 2021

I was recently let go after complaining about discrimination and targeted. I was termed with a severance package. I want to know if I can renegotiate the severance.

Can I get more on my severance since I was let go after complaining about discrimination to my employer?

Donya G.

Answered Oct 5, 2021

That sounds like it would depend on the reasons you were given for being let go. Did you document your grievances in an email or where they just done by word of mouth? You should consult with a GA attorney that specializes in employment law to assit. All the best Donya Gordon

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Employment

Employment Contract

Florida

Asked on Apr 19, 2023

What's probationary period in an employment contract?

I am a recent college graduate who recently accepted a job offer from a company. As part of the offer, I was asked to sign an employment contract. I understand that the contract includes a probationary period, but I'm not sure what that entails. I would like to know what the probationary period is and what it means for me as an employee.

Diane D.

Answered May 10, 2023

A period of time to evaluate you and to show that you're a good fit for the job and that you are fully qualified for it. At the end of the probationary period, they will either keep you on or terminate you.

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Litigation

Employment Contract

Texas

Asked on Apr 23, 2023

What's the termination clause in an employment contract?

I recently accepted a position at a company and they have given me an employment contract to review. I have been reading through the contract and noticed a section regarding termination. However, I am not sure what the termination clause in the contract states and I am hoping to get some clarification from a lawyer. I want to make sure that I understand my rights and obligations before signing the contract.

Curt L.

Answered Apr 28, 2023

Most employment contracts contain (1) termination for cause, and/or (2) termination without cause (also known as at-will employment relationship).

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