Wrongful Termination in Delaware
State-specific overview · Employment Law
Delaware recognizes wrongful termination for public policy violations, including jury duty and whistleblowing on illegal conduct.
How Delaware treats Wrongful Termination
Delaware courts have established that at-will employees may sue for wrongful termination when fired for reasons that violate a clear public policy, such as serving on a jury or reporting illegal activity to authorities. The state applies a relatively strict standard, requiring the employee to identify a specific, well-established public policy. Delaware does not recognize a general implied covenant of good faith in employment contracts.
The general definition of Wrongful Termination
Illegal firing of an employee in violation of law, contract, or public policy.
Wrongful termination occurs when an employer fires an employee for an illegal reason or in violation of an employment contract or established public policy. Common illegal reasons include retaliation for reporting safety violations, discrimination based on race or gender, refusal to commit an illegal act, or exercising a legal right like jury duty. In most US states, employment is at-will, meaning employers can fire workers for almost any reason, but there are important exceptions. An employee who is wrongfully terminated can sue for damages, including lost wages and emotional distress.
Read the full Wrongful Termination entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Delaware.