Complete Legal Delaware Employment Forms For Free

Delaware is an at-will state, which means that an employer who hires an employee for an indefinite time period can terminate the employee at any time without prior notice or reason for the termination. However, there are some general exceptions.

Delaware is a state following employment-at-will. This means that employees with no written contract can be terminated for any reason at any moment. The only caveat is that the termination cannot be considered legal if it's due to discrimination or retaliation against an employee.

Delaware state law does not provide regulations on how to pay an employee's remaining pay after they leave the company. Employers are thus required by the federal Fair Labor and Standards Act (FLSA) to provide the final paycheck on the next scheduled payday, regardless of whether the employee quit or was terminated.

Delaware's Discrimination in Employment Act (DDEA) prohibits employers with four or more employees from discriminating against employees based on race (including traits historically associated with race, see Crown Act below), marital status, genetic information, color, age, religion, sex (including pregnancy), sexual ...

(c) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment or otherwise to discriminate against any individual because of race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, or national ...

At-will employees can sue for wrongful termination if the employer fired them for illegal reasons, such as an employer's violation of public policy, an employer's breach of an implied contract for continued employment, or an employer's violation of the covenant of good faith and fair dealing.