Being terminated from your job can be a stressful experience, especially if it’s without cause. In Delaware, employment is generally “at-will.” This means an employer can terminate you at any time for almost any reason, or no reason at all, as long as it isn’t illegal. However, there are still options for employees who feel their termination was unjust.
Understand at-will employment
Delaware follows the at-will employment doctrine, which allows employers to fire employees without needing to provide a reason. In theory, this means an employer can dismiss you without cause. However, there are exceptions. For example, if your dismissal violates federal or state laws, such as discrimination laws or public policy exceptions, you may have grounds for a claim.
Exceptions to at-will employment
While most terminations fall under at-will employment, some exceptions exist. If your termination was based on discrimination, retaliation, or violation of public policy, you could have legal recourse. For instance, if you’re fired due to your race, gender, or disability status, federal laws like Title VII of the Civil Rights Act may protect you. Similarly, if you were fired for whistleblowing or filing a workers’ compensation claim, the state’s laws protect you from retaliation.
Filing a claim for wrongful termination
If you believe your firing was unlawful, you can file a claim with the U.S. Equal Employment Opportunity Commission (EEOC) or the Delaware Department of Labor. These agencies investigate claims related to wrongful termination, discrimination, or retaliation. Additionally, you might consider seeking a lawyer to discuss your legal options and potentially pursue a lawsuit for wrongful termination if you have a valid claim.
Knowing your rights is important when you face an unexpected job loss. Even if you’re fired without cause, exploring your options can help you protect your rights and take appropriate action.
