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. An employer in Milford also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or seeking an investigation of discrimination against the employer.
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. Finally, employers may not fire workers who exercise their legal rights, perform a legal obligation, or refuse to commit an illegal act.
Do I Need a Delaware Attorney for My Wrongful Termination Case?
A local Milford, 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.
