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Delaware Termination (with Discharge): What you need to know

Delaware is an “employment-at-will” state. This means that an employer or employee may generally terminate an employment relationship at any time and for any reason unless a law or agreement provides otherwise. For instance, federal or state law, a collective bargaining agreement, or an individual employment contract may place limitations on an otherwise at-will relationship.
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Burden of proof. If the employer is charged with retaliatory discharge, the employer is innocent until proven guilty. While this rule affords some protection to the employer, circumstantial evidence, such as a string of good evaluations followed by a sudden turnaround, can be devastating. As a result, if you terminate an employee who has filed a wage/hour claim, a discrimination claim, etc., it is essential to be able to show conclusively, with both testimony and documentation, that the separation had no relation to any legally protected status or conduct by the employee.
Crime victims. An employer may not discipline or discharge a victim or victim's representative for the following: participating in the preparation for a criminal proceeding at the request of the prosecutor; attending a criminal proceeding if such attendance is reasonably necessary to protect the victim's rights; or attending a criminal proceeding in response to a subpoena (DE Code Tit. 11 Sec. 9409).
Discrimination. It is unlawful for an employer to discipline or discharge an employee on the basis of race, marital status, genetic information, color, age, religion, sex, sexual orientation, or national origin (DE Code Tit. 19 Sec. 711). Employers are also prohibited from discriminating against qualified individuals with disabilities (DE Code Tit. 19 ...

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Delaware Termination (with Discharge) Resources

Termination (with Discharge) Products

The Termination Process Webinar Recording
BLR Webinar: "The Termination Process: Exit Interviews, Termination Pay, and Post-Termination Steps to Keep You Out of Court""
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We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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