Delaware Wrongful Termination Laws

The state of Delaware employs federal regulations in most areas of employment legislation; however, there are some additional protections provided for in state statutes.  The Federal Labor Standards Act of 1938  is the state standard for wages and hours; although the Civil Rights Act of 1964 is only the starting point for discrimination protection.  Delaware is an “at will” state, which means that employees may quit a job for any reason, and employers may terminate an employee for any reason except those specifically outlined in federal and state laws.  Employees who believe they have been wrongfully terminated should file a claim with the local EEOC first, and then seek the additional option of employing an employee rights attorney to help them file a lawsuit in civil court.    

Delaware’s Specific Labor Laws

The state laws in Delaware’s statutes which supplement the federal employment guidelines include the following: 

*These laws change often, so consult state statutes for the most up-to-date information.

Delaware Discrimination Laws

Delaware statutes includes a number of additional provisions protecting employees from wrongful termination or discrimination in the workplace.  And while claims for abuses must first be processed through state agencies, individuals are allowed to pursue private suits in the event that agency claims produce no results:

• Enforcement, administration, and investigation by the state takes precedence over private suits
• Employees are permitted to file private lawsuits only after pursuing a claim through the appropriate government agency
• Employees are permitted to recover attorney’s fees from a defendant
• Statutes of limitations are 90 to 180 days, depending on the violation.

Filing a Claim for Wrongful Termination

For any employee that believes they have been the victim of wrongful termination, the first step in Delaware is to file a claim with the local office of the EEOC.  They will follow standard procedures to validate and, if appropriate, pursue the claim:

• Mediation/Conciliation
• When appropriate, file a lawsuit

If either the agency deems the claim to be invalid, is unwilling or unable to pursue it further, or 180 days have passed without resolution, an employee is able to pursue private legal remedies.

Legal Remedies for Wrongful Termination

Employees may pursue their own legal means, with the help of an employee rights attorney, for any or all of the following remedies:

• Reinstatement
• Back pay
• Compensation for stress and suffering
• Punitive damages to prevent further abuses by the employer
• Mandated policy changes to protect other employees in that company

Delaware employers who are found guilty of wrongful termination under state laws may face the following penalties: 

Jury duty – criminal contempt of court, with fines of up to $500 and/or jail terms of up to 6 months; may also be liable to employee for lost wages and attorney’s fees, and possibly reinstatement.

Garnishment – fines of up to $1,000 and/or 90 days in jail for first offense.  For additional offenses, penalties may include fines of up to $5,000 and/or 1 year in jail.  If employment is denied because of garnishment, fines of up to $500 may be imposed for each offense.  Corporate employers may also be subject to criminal charges.

Whistleblower – public employees can bring suit within 90 days for violations, which can produce injunctive relief for the violation and/or damages.

In modern times, discrimination in any walk of life is illegal and employers who break those laws face penalties, either from public agencies such as the EEOC, or in civil court at the hands of an employee and their employee rights lawyer. 

Local Resources

Office of Labor Law Enforcement
Division of Industrial Affairs
Wilmington, DE
302-761-8200
www.delawareworks.com/industrialaffairs/welcome.shtml