If you are a victim of wrongful termination in Delaware, you may be eligible to file a claim. Delaware, like many other states, has at-will employment.
Basically, an employer can dismiss an employee at any time, for any reason, or for no reason. There are many exceptions to the law, and if laws were broken and there was wrongful termination in Delaware, then you may be able to pursue a claim to recover compensation or to be reinstated to your job.
What Are My Rights For Wrongful Termination In Delaware?
While Delaware is an at-will state, there are reasons that can lead to a wrongful termination claim. As an example, if you are fired for discriminatory reasons, if your firing is in violation of an employment contract, or if you are being retaliated against because you exercised your rights – such as filing a worker’s compensation claim or for being a whistleblower – you are a victim of wrongful termination.
Federal laws prohibit employers from firing an employee because of a protected characteristic, which includes age – if the employee is 40 or older, sex, citizenship status, disability, color, race, national origin, pregnancy, religion, genetic information, or sexual orientation.
Most kinds of discrimination laws apply to employers with 15 or more workers. Age discrimination applies to employers with 20 or more workers. Citizenship discrimination status laws apply to employers who have at least four employees.
Who Is Protected From Wrongful Termination In Delaware?
There are many people who are protected from being wrongfully terminated in Delaware. If your employer has enough employees to meet the criteria to those specific discriminatory actions, then you are protected.
If you are a whistleblower, then you are protected. If you have an employment contract and they are breaching it by terminating you, then you are once again protected. You will need to maintain documentation and supporting evidence that shows how your being fired from your work was wrongful termination.
Suing For Wrongful Termination In Delaware
If you are a victim of wrongful termination in DE, you can file a claim against your employer. You will need to contact the Equal Employment Opportunity Commission (EEOC).
You have 180 days from the date of the incident to file your claim. You can get your claim underway online at the EEOC website or by calling the toll-free number and speaking with a representative.
Of course, supporting evidence and documentation that backs up your claim is needed to help you succeed with your claim against your employer.
Getting Your Claim On Track
With the help and guidance of a wrongful termination lawyer, you are more likely to have a successful claim and recoup your losses.
When you consult with an employment law attorney be sure to discuss the payment options. Some lawyers will take wrongful termination cases on a contingency basis while others will require a retainer and charge an hourly rate.
Complete the Free Case Evaluation Form on this page to share your details with an attorney who handles Delaware wrongful termination cases.
