[§386-142] Employment rights of injured
employees. It shall be unlawful for any employer to suspend or discharge
any employee solely because the employee suffers any work injury which is
compensable under this chapter and which arises out of and in the course of
employment with the employer unless it is shown to the satisfaction of the
director that the employee will no longer be capable of performing the
employee's work as a result of the work injury and that the employer has no
other available work which the employee is capable of performing. Any employee
who is suspended or discharged because of such work injury shall be given first
preference of reemployment by the employer in any position which the employee
is capable of performing and which becomes available after the suspension or
discharge and during the period thereafter until the employee secures new
employment. This section shall not apply to the United States or to employers
subject to part III of chapter 378. [L 1978, c 201, §1; gen ch 1985]
Case Notes
Worker's compensation insurer's settlement offer did not
violate public policy or amount to an unlawful retaliatory discharge by
including claimant's resignation as one of its terms. 112 H. 195 (App.), 145
P.3d 738 (2006).
Notes of Decisions
Wittig v. Allianz, A.G., 145 P.3d 738 (Haw. App. 2006).
· cites it 8× “In the circuit court, Wittig relied on HRS § 386-142 (1993) as support for her retaliatory discharge claim.”
John Templemire v. W&M Welding, Inc., 433 S.W.3d 371 (Mo. 2014).
· cites it 2× “”); Haw. Rev. Stat. § 386-142 (“It shall be unlawful for any employer to suspend or discharge any employee solely because the employee suffers any work injury which is compensable under this chapter and which arises out of and in the course of employment with the employer unless…”
Zhang v. State (Haw. 2016).
· cites it 31× “As to the second issue, although it appears Zhang correctly asserts that she was authorized to continue 1 HRS § 386-142 provided then and now as follows: It shall be unlawful for any employer to suspend or discharge any employee solely because the employee suffers any work…”
John Templemire v. W&M Welding, Inc. (Mo. 2014).
“”); Haw. Rev. Stat. § 386-142 (“It shall be unlawful for any employer to suspend or discharge any employee solely because the employee suffers any work injury which is compensable under this chapter and which arises out of and in the course of employment with the employer unless…”
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