Delaware Termination (with Discharge) laws & HR compliance analysis

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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As a general rule, if a federal, state, or local law grants employees the right to engage in an activity or to enjoy a benefit, employees should never be disciplined, discharged, or otherwise retaliated against for requesting or attempting to do so.
To list a few key examples, state law prohibits employers from discharging employees for engaging in the following activities:
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).
Emergency responders and other volunteers. Under the Volunteer Emergency Responders Job Protection Act, employers with 10 or more employees are prohibited from terminating, demoting, or taking other disciplinary action against a volunteer emergency responder under the following conditions:
• The employee is absent to respond to a governor-declared state of emergency lasting up to 7 consecutive days.
• The employee is absent to respond to a president-declared national emergency lasting up to 14 consecutive days.
• The employee is absent due to an injury ...

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