Can my employer enforce a non-compete if I was fired?

Whether a non-compete survives involuntary termination depends on Hawaii law and the specific circumstances.

What should I know about severance agreements?

Severance agreements typically include waivers of legal claims, non-compete provisions, and confidentiality clauses. Have an attorney review before signing.

Can I negotiate my employment contract?

Yes. All terms of an employment contract are negotiable. Key items to review include compensation, termination provisions, non-compete clauses, and dispute resolution mechanisms.

Does an employee handbook create a contract?

Recognizes public policy exception and implied contract exception; Hawaii courts broadly construe employee protections [§ 378:1]. Whether a handbook creates contractual obligations depends on the specific language and disclaimers used.

Topic guideUpdated 2026-02-27

Hawaii Employment Contracts & Non-Competes

Non-compete enforceability, severance agreements, and contract issues under Hawaii employment law.

Employment relationships in Hawaii are governed by at-will principles unless modified by a written contract §378:1.

Non-Compete Agreements

HRS § 480-4(d) makes noncompete and nonsolicit clauses void and of no force and effect for employees of a technology business (deriving most income from software or IT development); for other employees, reasonable restrictive covenants are lawful, including covenants protecting trade secrets, covenants ancillary to the sale of a business, and covenants upon a partner's withdrawal, provided they do not substantially lessen competition §480:4.

Key Non-Compete Factors

	What Courts Examine
Duration	Whether the time restriction is reasonable
Geographic Scope	Whether the area restriction matches the employer's legitimate business area
Scope of Activity	Whether the restricted activities are narrowly tailored
Consideration	Whether the employee received adequate consideration for signing
Hardship	Whether enforcement would impose undue hardship on the employee

Severance Agreements

Read the entire agreement carefully before signing

Understand what rights you are waiving (often including the right to sue)

Note any non-compete, non-solicitation, or non-disparagement clauses

Consult an employment attorney before signing

⚠Signing a non-compete or severance agreement without understanding its terms can limit your future employment options and legal rights.

✓Non-compete agreements signed without adequate consideration may be unenforceable. An attorney can evaluate your specific agreement.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

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