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HI · jury_instructions

Haw. Civil Jury Instr. 16.8

CONSTRUCTIVE TERMINATION: INTOLERABLE WORKING CONDITIONS

activein force · 2026-08-20 – presentas-observed

In determining whether working conditions are intolerable,

you must consider whether the conditions would be intolerable to

a reasonable employee under similar circumstances. From that

standpoint, you may consider what options, if any, were

reasonably available to plaintiff(s), the length of time

plaintiff(s) remained on the job under those working conditions,

and what a reasonable employee would have done under similar

circumstances. Trivial or isolated acts of misconduct by an

employer are generally insufficient to be deemed intolerable.1

1 Watson v. Nationwide Insurance Co., 823 F.2d 360 (9th Cir.

1987).

Provenance

Source
courts.state.hi.us
Retrieved
2026-08-20
Edition
2026-08-20
Content hash
66742a825f8e6c616c916dd7176500817019be29650bb9b64dd0d3b5cb0ef468
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