DELAWARE ATTORNEY EXPLAINS THAT AT-WILL EMPLOYEES CAN SUE FOR WRONGFUL DISCHARGE
Even though the general rule is that an at-will employee can be terminated for any reason, with or without cause, and at any time, Delaware recognizes that there are exceptions which allow an at-will employee to sue for wrongful discharge. In a previous article, I listed the 4 exceptions. In this article, let's focus on 2 of them.
THE PUBLIC POLICY EXCEPTION
The concept behind the public policy exception is based on good faith and fair dealing. To qualify under this exception, a two-part test must be satisfied:
(1) the employee must assert a public interest recognized by some legislative, administrative or judicial authority and
(2) the employee must occupy a position with responsibility for advancing or sustaining that particular interest.
PROMISSORY ESTOPPEL
The purpose of promissory estoppel is to prevent injustice. And it applies not only to pre-hire promises but also to post-hire promises that at-will employees have relied on. In order to establish a claim for promissory estoppel, the employee must show by clear and convincing evidence that:
(1) a promise was made;
(2) it was the reasonable expectation of the employer to induce action or forbearance on the part of the employee;
(3) the employee reasonably relied on the promise and took action to his detriment; and
(4) such promise is binding because injustice can be avoided only by enforcement of the promise.
If you were an at-will employee who was fired for reasons you feel were unjust, consult with a Delaware attorney to discuss your rights.