Can I sue for wrongful termination in Delaware?

Yes, if your termination falls within a recognized exception to at-will employment [§ 19-711]. You may need to file an administrative complaint first before bringing a lawsuit.

What damages can I recover?

Available remedies vary by claim type but may include back pay, reinstatement, and other compensatory relief.

How long do I have to file?

Deadlines vary by claim type. Discrimination claims must be filed within 300 days to file with the Delaware Department of Labor. Other claims may have different limitations periods.

Do I need an attorney?

Wrongful termination cases are complex. An experienced employment attorney can evaluate your case and significantly improve your chances of success.

Topic guideUpdated 2026-02-27

Wrongful Termination in Delaware — Know Your Rights

Q: What makes a termination "wrongful"?

A termination is wrongful if it violates a statute, public policy, or an employment contract. Public policy exception through case law; Delaware Whistleblowers' Protection Act provides statutory protection against retaliation; workers' comp retaliation prohibited [§ 19-1703].

At-will exceptions, public policy protections, and how to challenge an illegal firing in Delaware.

While Delaware follows the at-will employment doctrine §19-711, not all terminations are lawful. Wrongful termination occurs when a firing violates the law. Public policy exception through case law; Delaware Whistleblowers' Protection Act provides statutory protection against retaliation; workers' comp retaliation prohibited §19-1703.

When Is Termination Wrongful?

Termination may be wrongful if it violates:

A state or federal anti-discrimination law §19-711

The public policy of Delaware §19-1703

An express or implied employment contract

Anti-retaliation provisions (for reporting illegal conduct, filing complaints, or exercising statutory rights)

At-Will Exceptions in Delaware

Recognizes public policy exception and limited implied contract exception based on employer representations; does not recognize the covenant of good faith and fair dealing exception §19-711.

Filing a Wrongful Termination Claim

To pursue a wrongful termination claim in Delaware:

Document the circumstances of your termination immediately

Preserve all relevant communications, performance reviews, and employment records

File a complaint with the Delaware Department of Labor, Office of Anti-Discrimination within the applicable deadline

Consider filing a charge with the EEOC for federal claims

Consult with an employment attorney to evaluate your case

⚠The Statute of limitations for wrongful termination claims varies by theory. Public policy claims may have different deadlines than discrimination claims. Act quickly.

✓If you are offered a severance agreement, have an attorney review it before signing. Severance agreements often contain waivers of your legal rights.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

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