Wrongful Termination in Delaware (2026): Laws, Deadlines, How to File

Delaware is an employment-at-will state, so a firing is wrongful only when it breaks a specific law or one of the narrow exceptions Delaware courts recognize. The main state law is the Delaware Discrimination in Employment Act, under which 19 Del. C. 711(b)(1) makes it unlawful for an employer to discharge an individual because of a protected characteristic, and it covers employers with as few as four employees in the state. Disability discrimination is covered by a separate subchapter, the Persons With Disabilities Employment Protections Act (19 Del. C. 724).

A discrimination claim starts with a charge to the Delaware Department of Labor within 300 days, and you need a Delaware Right to Sue Notice before you can go to court. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Delaware law on firing employees: the Delaware Discrimination in Employment Act (19 Del. C. 710-719A), the Persons With Disabilities Employment Protections Act (19 Del. C. 720-728), the covenant of good faith exceptions recognized by the Delaware Supreme Court, and Delaware statutes on whistleblowing, workers' compensation, jury service, wage complaints, family leave, medical marijuana and personnel files, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Delaware severance pay laws.

Is Delaware an at-will state?

Yes. In E.I. DuPont de Nemours & Co. v. Pressman, 679 A.2d 436 (Del. 1996), the Delaware Supreme Court wrote that "The presumption of at-will employment is a fixture of American law, and continues to be followed in Delaware and in the vast majority of jurisdictions." Our research found no general Delaware statute requiring good cause for a firing. For how the doctrine works day to day, see Delaware at-will employment laws.

Grounds for a wrongful termination claim in Delaware

Discrimination under the Delaware Discrimination in Employment Act

Under 19 Del. C. 711(b)(1), an employer may not discharge an individual because of race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, military status or housing status. "Age" means 40 or older (710(1)), and "race" includes traits historically associated with race, including hair texture and a protective hairstyle (710).

Section 711 also separately bars firing someone because the person was a victim of domestic violence, a sexual offense or stalking (711(i)(1)), because a crime victim or a victim's representative prepared for or attended criminal proceedings (711(i)(2)), for asking about, discussing or disclosing wages (711(j)(3)), because of a reproductive health decision (711(k)), or because of family responsibilities, subject to the employer's attendance standards (711(l)). It also bars adverse action for requesting or using a pregnancy accommodation (711(b)(3)f), and 19 Del. C. 719A bars discriminating in firing because of membership in a volunteer emergency responder organization, such as a volunteer fire company. These are violations of the same subchapter, so they go through the same Department of Labor charge.

Who is covered. Under 710(7), an "employer" is any person employing 4 or more employees within the state at the time of the alleged violation, including the state and its political subdivisions. That reaches far smaller businesses than federal law: Title VII and the ADA apply to employers with 15 or more employees, and the federal age law to employers with 20 or more (42 U.S.C. 2000e(b); 42 U.S.C. 12111(5); 29 U.S.C. 630(b)).

Retaliation. Section 711(g) separately makes it unlawful to retaliate against someone who opposed a discriminatory practice or who testified, assisted or participated in a proceeding under the Act.

Disability discrimination (19 Del. C. 724 and 726)

Disability is not in the 711 list. Instead, 19 Del. C. 724(a)(2) bars discharging a qualified person with a disability because of the disability, and it uses the same four-employee definition of employer (722(3)). Section 726 bars retaliation under the disability subchapter. Under 727(a), disability claims follow the same enforcement procedures as the main Act, so the 300-day Department of Labor charge and the Right to Sue Notice apply. Under 727(b), a state disability charge is barred, or dismissed on the employer's application, if you start federal Rehabilitation Act section 503 or 504 proceedings on substantially common facts.

Delaware's version of the public-policy exception

Delaware does not treat a public-policy firing as a stand-alone tort in the sources we reviewed. In Pressman, the Delaware Supreme Court treated it as one category of the implied covenant of good faith and fair dealing. The court wrote that the exception "generally requires a clear mandate of public policy," and, quoting Chancellor Allen, that the employee "must assert a public interest recognized by some legislative, administrative or judicial authority, and the employee must occupy a position with responsibility for that particular interest."

The court found that Mr. Pressman's own claim "cannot fit within the public policy category since he does not identify an explicit and recognizable public policy." The opinion cites Shearin v. E.F. Hutton Group, Inc. (Del. Ch. 1994), a case about a lawyer fired for refusing to violate ethical duties, as an example of a claim that may proceed.

The covenant of good faith and fair dealing (Pressman)

In Delaware, the covenant of good faith limits at-will firings, but "only in very narrowly defined categories," in the words of Pressman. The court described four:

• a firing that violates public policy, as above;
• an employer's misrepresentation of an important fact that the employee relied on (the Merrill case below is an example);
• a firing that deprives the employee of clearly identifiable compensation related to past service;
• an employer falsifying or manipulating a record to create fictitious grounds for the termination.

Mr. Pressman's claim fit the last category: "we hold that the Covenant permits a cause of action against an employer for the deceitful acts of its agent in manufacturing materially false grounds to cause an employee's dismissal." The court also held that "punitive damages and damages for emotional distress are not available to remedy the breach of an employment contract absent possible circumstances not present here."

Deadline. No Delaware statute sets a deadline for this claim specifically. Delaware's general three-year period for actions based on a promise or on a statute appears in 10 Del. C. 8106(a), but our research did not find a case confirming that courts apply it to a covenant claim. Get legal advice promptly.

Implied contracts and job offers (Merrill)

In Merrill v. Crothall-American, Inc., 606 A.2d 96 (Del. 1992), the employee's breach of contract claim failed because he "knew from the very beginning that his employment could be terminated by Crothall at any time for any reason," and the court affirmed judgment for the employer on that count and on fraud. But the court reversed summary judgment on the covenant claim, holding that the record raised a material issue of fact where the employee contended the employer intended from the beginning that he stay in the position only until it could find a more qualified candidate.

Our research did not cover how Delaware courts treat employee handbooks or policy manuals, so this page does not state a rule on them.

Whistleblowing (19 Del. C. 1701-1708)

The Delaware Whistleblowers' Protection Act bars an employer from discharging, threatening or discriminating against an employee who reports or is about to report a "violation" to a public body, takes part in a public body's investigation, hearing or court action, refuses to commit or assist in a violation, or reports to the employer or a supervisor (19 Del. C. 1703). A verbal internal report must be proven by clear and convincing evidence. The Act also bars reporting or threatening to report the immigration status of an employee or a family member.

"Violation" has a limited meaning under 1702(6): a serious deviation from standards that protect employees or others from health, safety or environmental hazards, or from financial-management or accounting standards that protect against fraud. Section 1703(5) separately protects reporting, taking part in an investigation of, or refusing to assist noncompliance with Delaware's campaign contributions and expenditures law (Title 15, chapter 80). The employee must show that the protected act was the "primary basis" for the firing (1708).

There is no agency step. The employee sues in Superior Court within 3 years after the violation (1704(a)), and the court may order reinstatement, back wages, restored benefits and seniority, expungement of records and actual damages, plus costs and attorneys' fees (1704(d)). For more, see Delaware whistleblower laws.

Fraud on the State (6 Del. C. 1208)

The Delaware False Claims and Reporting Act protects an employee, contractor or agent who is discharged, demoted, suspended, threatened or harassed because of lawful acts in furtherance of a false-claims action or other efforts to stop a violation of that Act. Relief includes reinstatement, 2 times back pay with interest, special damages, litigation costs and reasonable attorneys' fees. The suit goes to Superior Court within 3 years after the retaliation (6 Del. C. 1208(a)).

Workers' compensation retaliation (19 Del. C. 2365)

It is unlawful to discharge, retaliate or discriminate against an employee because the employee "has claimed or attempted to claim workers' compensation benefits," reported the employer's noncompliance with the workers' compensation law, or testified. The claim is filed in Superior Court within 2 years of the employer's action. Remedies include restoration to the job, compensation for loss and damages, costs and attorney's fees, and a $500 to $3,000 penalty paid to the Workers' Compensation Fund. For the benefits side, see Delaware workers' compensation laws.

Jury service (10 Del. C. 4515)

An employer may not deprive an employee of employment, or threaten or coerce the employee, because the employee receives a jury summons, responds to it, serves, or attends court for prospective jury service. The employee may sue in Superior Court within 90 days for lost wages and an order of reinstatement, and a prevailing employee recovers a reasonable attorney's fee. The employer is also guilty of criminal contempt, punishable by a fine of up to $500 or up to 6 months.

Wage complaints (19 Del. C. 1112(b))

An employer that discharges or discriminates against an employee for complaining or giving information to the Department of Labor, starting a proceeding, or testifying under the Wage Payment and Collection Act faces a civil penalty of $1,000 to $5,000 per violation. The text we reviewed sets that penalty only; our research did not locate a separate private damages claim for the retaliation itself.

Paid family and medical leave (19 Del. C. 3708)

Delaware's Family and Medical Leave Insurance Program makes it unlawful to interfere with or take retaliatory personnel action because someone exercised rights under the program, and an absence-control policy may not count covered leave. Under 3708(g), this protection applies only to an employee who has worked for the employer for at least 90 days. An employee may sue within 2 years of the last violation, or 3 years for a willful one, for lost wages and benefits with interest, an equal amount as liquidated damages, equitable relief including reinstatement, and attorneys' fees (3707(c)-(g)).

Medical marijuana cardholders (16 Del. C. 4905A(a)(3))

Unless it would cost the employer a federal monetary or licensing benefit, an employer "may not discriminate against a person in hiring, termination, or any term or condition of employment" because of the person's cardholder status, or because a registered qualifying patient tests positive for marijuana metabolites. The protection does not apply if the patient used, possessed or was impaired by marijuana on the premises or during work hours. The section we reviewed does not state a deadline or remedy.

Our research did not cover Delaware's rules on voting leave or state military leave, or a Delaware test for constructive discharge (quitting because conditions became intolerable).

Wrongful termination deadlines in Delaware

The EEOC deadline in Delaware. The EEOC's Philadelphia District Office says an individual has 300 days from the date of alleged harm to file a charge against a Delaware employer with 15 or more employees, and 300 days for age discrimination against an employer with 20 or more. For smaller employers, the office says charges must go to the appropriate state agency within the state's time limit, which it gives as 300 days in Delaware. That matches 712(c)(1)a. Because Delaware's Act starts at four employees, a worker at a business with 4 to 14 employees has a state claim even where federal law does not apply.

Where to file in Delaware

• Discrimination and retaliation under the Act: the Delaware Department of Labor, Division of Industrial Affairs, Office of Anti-Discrimination, within 300 days. The charge must be in writing, verified and signed, and it is treated as filed on the date it is sent to the Department by physical or electronic submission (712(c)(1)a). The Office of Anti-Discrimination's page links a Discrimination Intake Form and says the office reviews a complaint to confirm it is covered and timely; its listed contacts are DOL_Antidiscrimination@Delaware.gov and 302-761-8200 (option 4). Leave time before the 300-day deadline for that review.
• Federal claims: the EEOC, through the EEOC Public Portal or by phone at 1-800-669-4000 when a deadline is near.
• Whistleblower, workers' compensation retaliation and jury-service claims: Superior Court, with no agency step.

The Department process and the Delaware Right to Sue Notice

Under state law, the Act's process is the only route for a Delaware discrimination claim: the subchapter "shall afford the sole remedy for claims alleging a violation of this chapter to the exclusion of all other remedies" (712(b)). You may sue in Superior Court only after the administrative process ends and you receive a Delaware Right to Sue Notice (714(a)). Federal discrimination claims are a separate route, discussed below.

The Department issues the notice when it dismisses the charge, finds no cause, or conciliation fails; when it finds reasonable cause, the case goes to compulsory conciliation first (712(c)(3), (c)(5)). After preliminary findings, the Department may grant a notice earlier at its discretion. The lawsuit must then be filed within 90 days of receiving the Delaware notice or a federal right-to-sue notice, whichever is later (714(b)).

You must pick one forum. Under 714(c), the charging party must choose between a Delaware forum and a federal forum and cannot file in both; if an employee does, the employer may move to dismiss the Superior Court case.

What a court can award in Delaware

Under 19 Del. C. 715(b), the Superior Court may order the employer to stop the practice or change its policies; hire, reinstate or promote the employee; and pay compensatory damages, punitive damages, back pay with interest, and front pay. It may also grant Title VII-style equitable relief and award "costs of litigation and reasonable attorney's fees to the prevailing party." The fee language says prevailing party, not prevailing plaintiff.

Compensatory and punitive damages together are capped by employer size (715(c)):

Back pay, front pay and other special damages are listed separately from the capped categories. This schedule was enacted by 84 Del. Laws c. 203 (SB 145), approved September 11, 2023; the act sets no later effective date. If your firing happened before then, ask a lawyer whether the older caps apply. In a Department action for retaliation under 711(g), the court must also fine the employer $1,000 to $5,000 per violation (715(d)).

For comparison, federal Title VII and ADA claims cap combined compensatory and punitive damages at $50,000 to $300,000 depending on employer size (42 U.S.C. 1981a(b)(3)), so Delaware's top tier is higher. The wrongful termination guide lists the federal tiers.

Personnel files and termination letters

Delaware's Right to Inspect Personnel Files Act requires an employer, on request and at a reasonable time, to let an employee inspect the personnel files used to decide qualifications, promotion, pay, termination or discipline (19 Del. C. 732). The employer may require a written request form, the employee has no right to take the file or a copy, and inspection may be limited to once a calendar year absent reasonable cause (733). The employee may add a written statement disputing the contents (734), and an employer that refuses faces a civil penalty of $1,000 to $5,000 per violation (735(a)).

The Act defines "employee" as a person currently employed, laid off with reemployment rights, or on leave of absence (731(1)). Whether a fired former employee can use it is not answered by that text, so request the file before your last day if you can.

Our research did not locate a Delaware statute requiring an employer to give a written reason for a firing.

Practical steps after a firing in Delaware

Write down the date you were fired, who told you, the reason given, and any complaint, report, injury claim, leave or jury summons involved, and keep any offer letter or handbook. The deadline to watch for a discrimination claim is 300 days for the Department of Labor charge; a jury-service claim has only 90 days. For your last wages, see Delaware final paycheck laws.

If the employer offers money for a release, read it before signing: a release can give up the claims described here. Our Delaware severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing for a claim.

Related

• Wrongful termination laws by state
• Delaware at-will employment laws
• Delaware whistleblower laws
• Delaware workers' compensation laws
• Delaware severance pay laws

Disclaimer: This article provides general legal information about Delaware wrongful termination law (the Delaware Discrimination in Employment Act, the Persons With Disabilities Employment Protections Act, the covenant exceptions recognized in Pressman and Merrill, and 19 Del. C. 1701-1708, 2365, 1112, 3708 and 730-735, 10 Del. C. 4515 and 16 Del. C. 4905A) and the federal laws that apply in Delaware. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Delaware Department of Labor, the EEOC, a legal aid office or a lawyer licensed in Delaware.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in Delaware?

Only when the firing broke a specific law or fits a narrow exception, such as the Delaware Discrimination in Employment Act (19 Del. C. 711), a retaliation statute like 19 Del. C. 1703 or 2365, or a covenant of good faith category recognized in E.I. DuPont de Nemours & Co. v. Pressman (1996).

How long do I have to file a discrimination charge in Delaware?

300 days from the alleged unlawful employment practice or its discovery, filed with the Delaware Department of Labor (19 Del. C. 712(c)(1)a).

Do I have to file with the Department of Labor before suing in Delaware?

Yes, for a claim under the Delaware Act. Section 712(b) makes the Act the sole remedy for violations of the chapter, and 714(a) requires you to finish the administrative process and receive a Delaware Right to Sue Notice first.

How small an employer does Delaware discrimination law cover?

Employers with 4 or more employees within the state at the time of the alleged violation, including the state and its political subdivisions (19 Del. C. 710(7)).

What is the EEOC deadline in Delaware?

The EEOC Philadelphia District Office says 300 days from the date of alleged harm for employers with 15 or more employees (20 or more for age).

Is there a cap on discrimination damages in Delaware?

Yes. Under 19 Del. C. 715(c), compensatory and punitive damages combined are capped at $50,000 to $500,000 depending on employer size; back pay and front pay are listed separately.

Can I get my personnel file in Delaware?

Current employees, laid-off employees with reemployment rights and employees on leave may inspect their personnel files on request, generally once a calendar year (19 Del. C. 731-733). The statute does not clearly cover fired former employees.