Learn How To Apply For Unemployment Claims With Our Guide

Learn How To Apply For Unemployment Claims With Our Guide

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If you have recently experienced a wrongful dismissal, you may be eligible to file a claim against your former employer. Wrongful termination in Delaware is not legal and the proper authorities in the state will take your claim seriously.

Employees who are wrongfully fired from jobs experience financial distress that may require fair compensation. These employees can take legal action against their former employer.

What is a wrongful termination in DE? An unlawful termination occurs when your employer dismisses you from work for an illegal reason. Employees wrongfully terminated from jobs usually experience discrimination or retaliation from their employer, which is against the law.

If you feel you were wrongfully terminated, reviewing the state’s laws can help you decide if your case is valid to pursue. To learn more about what to do if you were wrongfully fired, examine the following sections:

Delaware Unemployment Resources

Types of Illegal Termination in Delaware

The main types of illegal termination of employment involve discrimination due to personal characteristics including age, sex, race, ethnicity, disability or veteran status.

Other types of unlawful terminations also cover situations where an employee is actively pursuing a legal case against the employer and result in a firing. These types of unlawful terminations from employment are retaliatory actions and are illegal.

Observing the types of illegal terminations in Delaware can help employees to decide if they suffered from a wrongful termination. If an employer committed any of these types of illegal firings, an employee has rights to take further action such as filing a claim against the former employer.

Since these types of illegal dismissal of employment in DE violate federal or state laws, employees can file a lawsuit to seek restitution for their financial and emotional suffering.

There are types of legal termination of employment that are not against the law. These types of legal firing include reaching the end of an employee’s contract or the unforeseen closing of a business. Additional types of legal dismissal of employment in DE are those due to an employee’s poor performance or a layoff.

The aforementioned legal reasons for terminating employees in Delaware make an employee’s claim of wrongful termination ineligible for pursuance. While an employee may feel wronged or unfairly treated, if an employer used one of these types of legal termination in Delaware, the worker cannot seek further legal action.

At-Will Employment Exceptions in Delaware

At will employment exceptions in Delaware are under the state’s discretion. Some residents question, “Is Delaware an at-will state if there are exceptions in practice?” Although some exceptions to at-will employment are under state observation, Delaware is still an at-will employment state.

What is employment at will? At-will employment is a legal doctrine observed in almost all U.S. states that affirms the ability for employers or employees to terminate their working relationship with each other at any time, for any lawful reason. The three exceptions to at-will employment include:

  • Public-policy exception: Employers cannot fire employee if it violates a public policy  already in place
  • Implied-contract exception: Employees cannot be terminated if an implied contract is  being observed, even if said contract is not in writing
  • Covenant of good faith and fair dealing exception: The employer vows to treat  employees fairly and in good faith, without malicious intent

Note: At will employment exceptions in Delaware include the public-policy exception and the covenant of good faith and fair dealing exception. Currently, the state does not recognize the implied-contract exception.

Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Delaware

If you are considering how to file a charge of employment discrimination, it is important to note the deadline for filing a claim with Equal Employment Opportunity Commission (EEOC). When filing a charge of discrimination in Delaware, the claimant must file within 180 days of the incident.

You can file a wrongful termination discrimination charge with the EEOC or the Delaware Department of Labor (DDOL) if the workplace in question currently employs 15 or more workers. However, most state attorneys recommend filing your claim directly with the EEOC for a faster process.

When you research how to file an EEOC employment discrimination claim, you may be curious about the agency’s potential outcomes for your claim. Once received, the EEOC will decide if your dispute is worthy of investigation or should be closed.

If investigated, mediation through the EEOC between you and your employer may be the first attempt at settlement. If mediation is unsuccessful, the EEOC legal staff may step in and sue your employer or give you the Notice of Right to Sue.

Filing a Lawsuit Against Your Employer in Delaware

Can I file a lawsuit for wrongful termination? If you want to file a lawsuit against employers for wrongful termination, you will first need the EEOC to grant you the Notice of Right to Sue. When suing for wrongful termination in Delaware, you must prove the discrimination or retaliation exhibited by your former employer in your illegal firing.

Before you research how to file a wrongful termination lawsuit, you should start gathering evidence to build a strong case. Evidence may include documentation of events, witness testimonials, paycheck stubs, and records.

When you file a lawsuit against your employer in Delaware, the assistance of an experienced attorney can be useful for the success of your case. The support of a lawyer is helpful when you need to elaborate on your cause of action and gather proper evidence.

Filing a wrongful termination claim against an employer can ultimately grant you the compensation and justice you are seeking when the EEOC cannot settle your case.

Last Updated: October 18, 2022