Legal Articles
Wrongful Termination
Get Started Finding a Local Attorney Now

Simply fill out this form to connect with an Attorney serving your area.

Delaware Wrongful Termination

If you think you've been illegally fired from your job, contact a wrongful termination attorney immediately. Federal and Delaware laws make it illegal for an employer to discharge an employee for discriminatory reasons, because you were exercising a legal right to do something such as filing a workers' compensation claim, or because the company would have had to pay you money (such as a commission or retirement benefits) if you'd remained an employee.

Signs You May Have Been Wrongfully Terminated

How do you know if you've been the victim of a wrongful termination? Sometimes it's easy to tell and in other instances, it's more difficult.

One of the most obvious types of wrongful discharge is when you're terminated in violation of an employment contract or union collective bargaining agreement. If you have a written agreement with your employer and were let go in spite of it, you may have grounds for a breach of contract lawsuit against your employer in civil court. Your labor and employment attorney can guide you through the process of filing a lawsuit and can represent you in court.

Unlike many states, Delaware law does not recognize implied employment contracts, which means you don't have a wrongful termination case against your employer if the company made verbal promises, for example, to keep you as an employer.

It is illegal for a company to terminate an employee for discriminatory reasons. Federal laws make it illegal to discriminate against employees based on a number of characteristics, such as gender, age and religion. People who are members of these groups are known as protected classes. If you are a member of a protected class and believe you were terminated because of that, you may have grounds for a discrimination claim against your employer. However, you have a limited amount of time—often as little as 120 days—to file a claim. Your lawyer can guide you through the process.

Finally, a company can't terminate an employee in violation of what's known as the covenant of good faith and fair dealing. Examples of this would be terminating an employee who's soon to be paid a large bonus or big commission, or firing an employee simply because she will soon retire and be owed retirement benefits.

It's important to understand that Delaware is what's known as an at-will employment state. That means that employers can generally terminate an employee for any reason—good or bad—or no reason at all. But an employer can't discharge you for discriminatory reasons, in violation of the covenant of good faith and fair dealing, or in violation of an employment agreement.

Find & Hire Local Delaware Wrongful Termination Attorneys

Let Attorneys.com help you find local employment attorneys and wrongful discharge lawyers. Whether you live in Dover, Newark, Wilmington or elsewhere in Delaware, our free lawyer referral service can quickly connect you with attorneys in your area. To get started, complete the form on this page or call us at 877-913-7222.

NOLODRUPAL-web1:DRU1.6.12.2.20161011.41205