Hawaii Whistleblower Protection Cases

Hawaii Whistleblower Protection Cases

Whistleblower protected under “public policy” tort, but other statutory remedies may preclude use of the common law remedy.  Employees also protected under the Whistleblowers' Protection Act (HRS 378-62).

Parnar v. Americana Hotels, 652 P.2d 625 (Haw. 1982).

Fa v. Brigham Young University, 98 P.3d 246 (Haw. 2004).

Wong v. Hawaiian Airlines, Inc., SCWC-13-0000703, 2016 LEXIS 78 (Haw. 2016) (holding that there is no preemption to airline employees).

Hawaii has a False Claims Act concerning fraud in government procurement and contracting.  False Claims Act claims are generally considered among the best whistleblower claims available.  We recommend determining if your case falls within this False Claims Act.

Qui Tam Actions or Recovery of False Claims to the State.

Qui Tam Actions or Recovery of False Claims to the Counties.

The OIG of Health and Human Services review of the law.*
*Specific to Medicaid Fraud.

 

CAUTION:  Many States have enacted laws governing whistleblowing which, in some cases, abrogate an employee’s right to pursue common law remedies.  Before filing a state whistleblower lawsuit, it is imperative to determine whether you are covered under a state law and how that law may interact with the common law “public policy” exception.  Additionally, relevant state case law governing whistleblower protection is often subject to change.  We strongly recommend a careful review of current state case law prior to filing a state whistleblower lawsuit.  Please read our disclaimer.  If you are pursuing a case under state law, we urge you to consult with an attorney familiar with those laws.  If you are pursuing a claim under a state False Claims Act, and would like a consultation with the partners at Kohn, Kohn and Colapinto, please fill out our consultation form here.

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Updated as of July 2016.