## Wrongful termination in Delaware Delaware is an at-will employment state — meaning an employer can fire you for any reason or no reason. But there are categories of firings that ARE illegal, and if you fall into one of them, you may have a wrongful-termination claim. ### Where you file in Delaware - **State agency:** Delaware Department of Labor — Office of Anti-Discrimination - **Filing deadline:** 300 days - **State whistleblower posture:** Delaware Whistleblower Protection Act covers retaliation for reports of illegal activity. ## What "wrongful termination" actually means Wrongful termination is NOT "my boss fired me unfairly." It IS termination that violates a specific law or contract. The major categories: **1. Discrimination.** Firing someone because of: - Race, color, national origin, religion, or sex (Title VII; FEHA; many state laws) - Age 40+ (ADEA; many state laws cover younger ages too) - Disability (ADA; state laws) - Pregnancy (PDA) - Genetic information (GINA) - Sexual orientation, gender identity (Bostock v. Clayton County, 2020 — Title VII covers; many states had earlier protection) - Marital status, family status, veteran status, source of income (state-specific) **2. Retaliation.** Firing someone for: - Filing a discrimination complaint (EEOC, state agency) - Filing a workers' compensation claim - Reporting safety violations (OSHA) - Reporting wage-and-hour violations - Whistleblowing (reporting illegal acts to authorities) - Taking protected leave (FMLA, USERRA, jury duty) **3. Public policy violations.** Firing someone for: - Refusing to break the law - Exercising a clear statutory right (voting, jury service) - Reporting illegal acts to authorities **4. Breach of contract.** Firing someone in violation of: - A written employment agreement - An implied contract from a handbook or oral promise (in states that recognize) - A collective bargaining agreement ## Damages available If you win a wrongful-termination claim, recoverable damages typically include: - **Back pay** — what you would have earned from termination through judgment/settlement - **Front pay** — future lost earnings if reinstatement isn't feasible - **Reinstatement** — return to the job (rare in practice) - **Compensatory damages** — pain and suffering, emotional distress, reputational harm - **Punitive damages** — for malicious or reckless conduct (capped under federal law; uncapped under some state laws) - **Attorney's fees** — federal and many state employment statutes shift fees to prevailing plaintiff - **Liquidated damages** — under FLSA, ADEA in willful cases ## The administrative-exhaustion trap For discrimination claims, you generally must FIRST file a charge with the EEOC (federal) or the equivalent state agency BEFORE you can sue in court. Skipping this step gets your case dismissed. Filing deadlines: - **EEOC:** 180 days from the discriminatory act (300 days in states with their own agencies) - **State agencies:** vary — check the state-specific deadline above - **Right-to-sue letter:** after the agency processes your charge, you get a letter giving you 90 days to file in court Public-policy and contract claims usually go straight to court — no administrative-filing requirement. ## Severance and releases — read carefully Many employers offer severance pay in exchange for a signed release of claims. Things to know: - **OWBPA** — under federal age-discrimination law, employees 40+ get 21 days to consider AND 7 days to revoke after signing - **Group layoffs** — for layoffs of 2+ employees over 40, the consideration period extends to 45 days - **Specific waivers required** — "general" releases may not waive ADA, FMLA, FLSA, or workers' comp claims - **Future claims** — most courts hold that releases CAN'T waive future claims (so retaliation for the firing itself isn't waived) - **Negotiation room** — initial severance offers are almost always negotiable Have an employment attorney review BEFORE you sign. The cost of review is usually a fraction of what they'll add to your severance package. ## What to do immediately after being fired 1. **Get the firing in writing** — a termination letter, email, or text 2. **Save evidence** — performance reviews, emails, texts, witness names, the employee handbook 3. **File for unemployment** — even if you think you might not qualify; let the agency decide 4. **Don't sign severance documents on the spot** 5. **Take the 21/45 days OWBPA period if you're 40+** 6. **Consult an employment attorney** — most plaintiff-side firms offer free or low-cost initial consultations 7. **Don't post about it on social media** — anything you say can show up in defense discovery 8. **Don't confront the employer or co-workers** — emotional outbursts after firing can be reframed as evidence of misconduct ## What you should do If you suspect you were fired for an illegal reason, talk to a Delaware employment attorney quickly — administrative deadlines are short. Most plaintiffs' attorneys work on contingency (no fee unless you win) and offer free initial case evaluations. Time is the enemy: filing deadlines are unforgiving and evidence (text messages, emails, witnesses) becomes harder to preserve over time. --- *This guide is general information about Delaware law as of early 2026 and is not legal advice. Wrongful-termination law is fact-intensive, deadline-driven, and changes frequently. Talk to a licensed Delaware employment attorney about your specific situation.*