At-Will Employment in Delaware
A small business owner recently asked about the steps he has to take before he can fire one of his employees. His questions included how many warnings the law requires him to give the employee, how much time he has to give his employee to improve his performance, and once the decision to terminate employment has been made, how much advance notice must the employee be given.
If there’s a written employment contract with the employee, then the contract will provide the answers to these questions. However, assuming there’s no contract, an employer in Delaware can fire an employee without warning, without an opportunity to improve, and without notice. In fact, the employer doesn't even have to explain why the employee is being fired. This is what’s meant by an “at-will employee.” An exception to this rule is that the employer can't fire an employee for reasons that discriminate based on such things as age, gender or race, or which violate the Americans With Disabilities Act. Another exception is that in Delaware, an employer can't engage in conduct that amounts to fraud, deceit or misrepresentation. For example, an employer can't falsify employment records to provide a false reason for firing an employee.
