When is a Job Termination Considered Wrongful in Delaware?
In Delaware, most employment is considered "at will". This type of employment follows the principle that either the employer or the employee may terminate the relationship at any time, for any reason. The only basic exception in "at-will" employment arrangements is that the termination may not be done for reasons which violate the law.
It is important that you find out what type of employment your work is classified as, because employment that is not considered to be "at will" is subject to different restrictions. Work arrangements that are based on an employment contract are often not "at will", and so they cannot be terminated except according to the contract provisions.
What are the Illegal Grounds for Terminating At Will Employment in Delaware?
Discrimination is the most common illegal grounds for terminating an employee in Delaware. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. Employers in Dover may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or prompted an investigation into discrimination.
Also, employers are prohibited by the Family and Medical Leave act from firing those employees who take leave in order to address family or medical concerns. Lastly, employees are protected from being fired by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.
Do I Need a Delaware Attorney for My Wrongful Termination Case?
A local Dover, Delaware attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.
